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Australia Mother Heidi Strbak wins High Court bid for new sentence over son Tyrell Cobb's manslaughter

06:51  18 march  2020
06:51  18 march  2020 Source:   abc.net.au

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Heidi Strbak was found guilty of manslaughter over her son ' s death. (Facebook). Strbak did not give evidence during her sentencing hearing in the Supreme Court . Instead, her version of events was before the court in the form of three police interviews. When sentencing her, the judge took into

Heidi Strbak is sentenced to nine years in jail by the Supreme Court in Brisbane over the Just before the sentence was handed down, Strbak addressed the court . "I loved him more than I could A judge earlier found Tyrell Cobb ' s mother Heidi Strbak (R) delivered the fatal blow or blows.

a close up of a boy: Tyrell Cobb was found unconscious at a residence on the Gold Coast in May 2009 and later died in hospital. (ABC News) © Provided by ABC NEWS Tyrell Cobb was found unconscious at a residence on the Gold Coast in May 2009 and later died in hospital. (ABC News) A Queensland woman will be re-sentenced over the death of her four-year-old son Tyrell Cobb after the High Court upheld her appeal.

In 2017, Heidi Strbak pleaded guilty to the manslaughter of her son and was sentenced to nine years' jail.

Tyrell died in May 2009 on the Gold Coast due to blunt force trauma to his abdomen.

Strbak pleaded guilty to manslaughter for failing to get her son medical attention but denied the police allegation that she inflicted the fatal blow to his stomach.

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Mother who bashed her son , 4, to death breaks down in court and claims 'there' s been a mistake' as she is sentenced to a non-parole period of Heidi Strbak said it was an 'injustice' that she was being blamed her son ' s death. Tyrell Cobb , four, had 70 injuries on his body and suffered internal bleeding.

Mum denied sentence reduction over killing of son Tyrell Cobb . Scown received a suspended four-year sentence for Tyrell ’ s manslaughter after the court found while he also failed to Justice Peter Applegarth found Strbak likely punched Tyrell in the stomach and struck him again when he vomited

Her ex-partner Matthew Scown also pleaded guilty to manslaughter and was sentenced to four years' jail.

Scown admitted he was criminally negligent but also denied inflicting the boy's fatal injuries.

Strbak did not give evidence during her sentencing hearing in the Supreme Court. Instead, her version of events was before the court in the form of three police interviews.

When sentencing her, the judge took into account that Strbak had not given contradictory evidence to the crown case and concluded that she had applied the blunt forces that were a substantial cause of Tyrell's fatal injury.

In 2019, Strbak unsuccessfully appealed her sentence in the Queensland Court of Appeal, arguing the sentencing judge erred in having regard to the fact that she had not given evidence.

She was granted leave to appeal in the High Court, which today ruled the sentence be quashed.

The judgement states: "When sentencing an offender where there is a dispute as to the facts constituting the offence, the judge should not draw an adverse inference by reason of the offender's failure to give evidence, save in the rare and exceptional circumstances explained in the joint reasons in Azzopardi v The Queen."

Strbak will be re-sentenced at a date to be fixed.

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In the past few years, Heidi Klum has chosen the "Germany's next top model" winner in a live show in front of a large audience. Because of the Corona crisis, this is now flat or better, much smaller, as ProSieben announced. © Getty Images Heidi Klum at "Who will be Germany's next top model?" - Heidi usually calls this sentence in the finale to an XXL screen, shortly afterwards the beaming winner is declared the new top model after the big live spectacle under confetti .

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