Supreme Court told toddler's death was a 'tragedy' but not murder

The Supreme Court heard that the death of a two-year-old boy on the NSW Mid North Coast was a "tragedy, but it wasn't a murder." The child's 40-year-old stepfather is currently on trial, accused of the boy's murder in Coffs Harbour in May 2022. The toddler died in Newcastle's John Hunter Hospital the day after being found unresponsive by his mother, suffering from a catastrophic brain injury, a fractured pelvis, and bruising.

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A tragedy, but it wasn't a murder.

Defence barrister David Price told the court that no one has admitted to inflicting the fatal injuries, stating, "Nobody really knows what happened to that little boy in late May 2022." The prosecution, led by Crown prosecutor Ben Allison, described the case as circumstantial, as no witnesses saw the alleged murder occur. However, Allison indicated that evidence would demonstrate the stepfather's frustration and anger towards the child, leading to disciplinary actions that included confinement in a garage or bathtub.

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Nobody really knows what happened to that little boy in late May 2022.

Allison further alleged that the stepfather's uncle would testify that his nephew had described the boy as "out of control" and needing to be "sorted out." The prosecutor recounted an incident where the accused allegedly erupted in anger, grabbed the child, and struck him. The court also heard that the toddler had fallen down stairs the day before his death and experienced a "head-banging episode" in the early hours of the morning. However, the prosecution argued that the severity of the child's injuries could not solely be attributed to these events, asserting they were "associated with non-accidental head trauma."

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He developed a frustration and an anger to him. He would send him to his room, taking away his pillow, bed and mattress. The accused would take him into the garage and place him on the concrete floor and sometimes turn the light off and close the door.

The prosecution also plans to present evidence that the accused instructed the child's mother to lie to the police about his presence at the house. The mother reportedly called the police two hours after the child was pronounced dead, admitting she had not been truthful. The defence maintained that the "real issue in this trial" is the cause of the fatal injury, acknowledging that the death resulted from a subdural haematoma, but disputing the alleged cause.

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The injuries are associated with non-accidental head trauma.