The Quinte Regional Courthouse in Belleville. (Photo: Nicole Kleinsteuber / Quinte News)
Mr. Justice Richard Byers could only shake his head, calling the matter before him Wednesday a “sad case”.
At the Quinte Consolidated Courthouse, a 24-year-old Belleville woman pleaded guilty to failing to seek medical help and failing to provide the necessities of life in the death of her daughter, a 34-day-old baby girl.
The child died on the morning of April 16, 2012.
The woman, who will not be named to protect her children growing up in the community, was sentenced to six months house arrest with strict conditions, and one year of probation following that.
The sentence was agreed upon by both the Crown and defence, and was accepted by Justice Byers as appropriate.
A 24-year-old man who lived with the woman at the time of the tragedy will stand trial next year, charged with two counts of aggravated assault and two counts of failing to seek medical attention.
He will also not be named.
There was another child in the household, a boy, who was one year old at the time of the incident.
Court heard that the baby girl had been sleeping with the father and had been fussing during the night leading to the morning of April 16.
In the early morning hours, it was noticed that the girl was not breathing and 911 was called. The baby could not be resuscitated.
A post-mortem revealed that the girl had 38 fractures on her ribs and legs and that they were at least 10 days old.
The post-mortem concluded the fractures were not accidental, and were caused by a “whiplash” type motion.
The post-mortem report did not offer a conclusion on the exact cause of death.
The mother originally denied to police knowing how the fractures occurred, but later told police she had seen the father holding the baby under her arms and shaking her on some day before the death occurred.
A later examination of the 1 year old boy showed a few non-accidental fractures.
The woman’s defence lawyer, Patrick Hurley, described the case as complicated, and stressed that her guilty pleas were an admission only that she had failed to report what she had observed.
Hurley also said that the woman had had mental health issues, and had sought out and received treatment.
Meanwhile, the defence lawyer for the man accused of aggravated assault and failing to seek medical attention, John Wonnacott, said he disagreed with much of the statement of facts as read in court today (Wednesday), and would vigorously defend his client when the matter goes to trial next year.
