A mother left her baby alone during a bath, then texted and chatted with her friends on Facebook, while the child drowned in a makeshift bathtub in her sink.
Members of Lavinia Alison Murray’s family packed the public gallery at the Supreme Court in Brisbane on Wednesday as the 24-year-old pleaded guilty to the 2021 manslaughter of her daughter Trinity.
They were emotional as Judge Paul Freeman recounted the “tragic” circumstances, before sentencing Murray to five years in prison.
But the sentence was suspended after Lavinia was ordered to serve 12 months behind bars.
Murray was bathing the girl on February 5, 2021, preparing to travel to Cairns to visit her mother.
Lavinia Alison Murray (pictured) left her baby alone while she bathed her, then texted and chatted with friends on Facebook, while the toddler drowned in a makeshift tub in her laundry sink.
The court was told she was facing difficulties caring for Trinity and her other children after her ex-partner Zephaniah Herbert Graham was taken into custody on unrelated charges in December 2020.
Murray sought help from his own family and Graham’s family because he “couldn’t cope” with caring for the children, including Trinity.
Crown prosecutor Caroline Marco said Murray placed Trinity in a makeshift tub in the sink without a stopper, washing her with soap and a pair of underwear on the day of the offence.
Marco said Murray left the baby in the sink, checked on her other children in the living room and cleaned the house.
He also texted his friends and chatted with them via Facebook Messenger.
Murray checked on Trinity three times at 10-minute intervals and each time saw the girl lying on her back with water running down the drain.
Marco said that on the fourth occasion Murray noticed that the boy was not making any noise.
She discovered that the underwear had blocked the drain, causing the sink to fill up to Trinity’s ears.
The court was told the baby had turned purple and soapy discharge had come out of his mouth.
Murray pulled the baby out and performed CPR until emergency services arrived, but Trinity could not be revived.
“Such loss of life is tragic for the local community,” Judge Freeburn said.
In her victim impact statement, Trinity’s paternal grandmother, Kathleen Combo, said she went through a “significant” amount of grief after losing her granddaughter.
He said he turned to alcohol and drugs and became estranged from his family.
Marco said Murray’s plea to the manslaughter charge was based on him owing the boy a duty of care to prevent danger to his life, and his actions amounted to a breach of that duty.
Lavinia Alison Murray pleaded guilty to the manslaughter of her daughter Trinity (pictured) in 2021
The court was told Murray was exposed to domestic violence throughout her life.
Murray’s defense attorney said his client could not bear caring for three very young children, as evidenced by his plan to leave one of the children in the care of relatives on the day in question.
“That’s a challenge for any mother,” she said.
Judge Freeburn said there was no connection between the domestic violence he suffered and this offence.
But he accepted that Murray’s mental health problems and mild intellectual disability would have contributed to his stress and inability to care for the children.
One doctor had opined that he would probably have become more distracted and unable to complete simple tasks.
Outside court, Trinity’s aunt Leila Graham said justice had been served for the family. The Trinity appears in the photo.
“You knew the risks but you were not meeting your son’s demands,” Judge Freeburn said.
Outside court, Trinity’s aunt Leila Graham said justice had been served for the family after “three long years of suffering with the guilt and pain” of losing the baby.
“Now something has been done,” he said.
“At the same time I feel bad for my ex-sister-in-law, but my niece needs justice to be done.”
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