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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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Queensland mother Heidi Strbak has failed to have her jail sentence for killing her four-year-old son Tyrell Cobb reduced. He received a suspended four-year sentence for manslaughter after the court found while he also failed to seek medical help, he was not responsible for the injuries.

Heidi Strbak was due to face a trial next week accused of the manslaughter of her son Tyrell Cobb but today, through tears, pleaded guilty to the charge. 9NEWS cameras captured Scown laughing and smirking as he left court . There was also uproar over his sentence which was deemed lenient by

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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Mum denied sentence reduction over killing of son Tyrell Cobb . Queensland mother Heidi Strbak has failed to shave time off her jail sentence for killing her four-year-old son Tyrell Cobb . Strbak pleaded guilty to manslaughter in late 2017 after admitting she failed to get Tyrell medical treatment

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.

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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