Father who has been imprisoned for nine years after being found guilty of killing his six-week-old son is released after his sentence is rejected
- A man who was captured by the manslaughter of his baby had to destroy his conviction
- Nicholas Baxter was convicted in 2017 for the manslaughter of his son in 2011
- On Monday he received bail after the Court of Appeal had overturned his conviction
A former soldier imprisoned for his son's manslaughter has been freed after spending less than two years behind bars.
Nicholas Baxter was sentenced to nine years in prison in November 2017 after being found guilty of murdering his six-week-old son Matthew in Townsville, Queensland.
But on Monday morning he received bail after the Court of Appeal overturned his manslaughter conviction, the Townsville Bulletin reported.
Nicholas Baxter was sentenced to nine years in prison in November 2017 after being found guilty of killing his six-week-old son Matthew in Townsville, Queensland
The 39-year-old was found not guilty of murder, but found guilty of manslaughter and appealed against his conviction just three days after the jury had given their verdict.
The baby suffered from brain haemorrhage and 17 rib fractures before he died.
Last week, two majority appeal judges in the Court of Appeal ruled that the judge should not have shown that the baby's earlier rib fractures were heard by the jury.
Baxter was not present when he was released on bail in the Townsville Supreme Court on Monday by Justice David North.
Six-week-old Matthew suffered from brain hemorrhage and 17 rib fractures before he died
Prosecutors did not fight against the bail, but the Crown will handle a new trial.
Crown prosecutor Nigel Rees said he assumed a future lawsuit would take three to four weeks, and Justice North said it would probably take place in 2020.
& # 39; Perhaps a reconsideration should be made about the admissibility of evidence, & # 39; said Justice North.
The case will then be heard in the Townsville Supreme Court on August 26.
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