A Newcastle man was accused of killing a six-month-old child, but a jury found him not guilty and instead found him guilty of manslaughter.
The six-month-old son of Jie William Smith, 31, who had a cardiac arrest early on February 9, 2019, in New Lambton, was killed. Jie William Smith, 31, has pleaded not guilty to the charge.
Smith said before the NSW Supreme Court jury that his ex-girlfriend had shaken and punched the infant in the face before he interfered, and she had then left without the child.
Smith claims that he attempted to comfort the upset youngster and give him a bottle, but the child wriggled free and fell.
The defense argued that after the mother’s claimed attack, the infant may have had a seizure and “arched” back and out of Smith’s arms; the fall subsequently made the injuries worse.
He previously acknowledged to lying to authorities in order to protect the mother of the kid, despite the fact that they just had a passing romance and only met for drugs and sex.
Smith’s account was refuted by the mother, who testified that her child was absolutely content and healthy when she left with the pair after they had driven around town in search of ice.
Paul Rosser QC, the defense attorney, charged her of lying and cited numerous texts in which she expressed her annoyance at the child’s sobbing.
The 31-year-old said that on the evening of February 8, 2019, the mother had punched the infant in the face, but he had lied to police about the injuries because he felt bad for her.
On February 9, 2019, Smith alerted the neighborhood about the child.
The infant fell into cardiac arrest early that morning and was brought to the hospital after an ambulance arrived with significant injuries.
Smith pleaded guilty to manslaughter, accepting the fact he should have sought medical attention earlier, something the Crown rejected.
Smith’s account was refuted by the mother, who testified that her child was absolutely content and healthy when she left with the pair after they had driven around town in search of ice.
Paul Rosser QC, the defense attorney, charged her of lying and cited numerous texts in which she expressed her annoyance at the child’s sobbing.
‘I can’t even rest, (the baby) just cries and I’m very very very sick. I’m going to lose it soon,’ one read.
He said there was evidence the mother felt no attachment and had no interest in the baby and during the last week of his short life, showed escalating tension due to his behaviors.
Medical scans later found the baby suffered fractures to his skull, severe brain swelling, hemorrhages to the head and eyes, spinal cord trauma and extensive bruising to his legs, arms, head and neck.
Smith will be sentenced at a later date.