Mother who killed Tyrell Cobb, four, with two fatal blows to the abdomen, makes one final bid for freedom, claiming that her & # 39; right to remain silent & # 39; has been violated – even though she pleaded guilty
- Heidi Strbak, 36, killed her four-year-old son Tyrell Cobb with two fatal blows
- The woman is serving nine years in prison for manslaughter
- Will bid for freedom on the grounds that her & # 39; right to remain silent & # 39; has been violated
- Strbak chose not to provide evidence that prevented prosecutors from being checked
A mother imprisoned for killing her four-year-old son will make a final bid for freedom.
Heidi Strbak, 36, killed Tyrell Cobb with two separate blows to his abdomen that caused internal bleeding and leakage of his stomach contents to their Gold Coast home on the night of May 24, 2009.
Strbak was sentenced to nine years in prison after being convicted of the child's death in 2017.
She will appeal to the High Court of Australia on the grounds that her & # 39; right to remain silent & # 39; was violated during a disputed hearing last year, The Courier Mail reports.
In her conviction, the mother-of-one refuted the claim that she had beaten her son, but gave no evidence.
The woman is looking for a similar punishment against her ex-partner Matthew Scown, who was sentenced to four years in prison after ordering guilty of manslaughter.
Tyrell Cobb (photo), four, received two separate blows to his abdomen that caused internal bleeding and leakage of his stomach contents, leading to his death on May 24, 2009
Heidi Strbak (photo), 36, was sentenced to nine years in prison after committing the child's manslaughter in 2017
Strbak chose not to provide evidence at the disputed hearing last year, while the prosecutors provided evidence to support their case.
Judges were able to accept conclusions and draw conclusions from the undisputed evidence of the Prosecution – which, according to Strbak, violates her right to remain silent.
She has tried to argue for this reason in the Queensland Court of Appeal, where it was not considered relevant to her case.
The special leave application is expected to be heard in the coming months.
The former mother (pictured left with her son) is looking for a similar sentence against her ex-partner Matthew Scown, who received a four-sentence sentence after pleading guilty of manslaughter
The then friend of Strbak, Matthew Scown, was originally accused of the crime after an incorrect autopsy report said the killing happened at a time when he was alone with the boy.
But Scown knew the evidence was wrong and paid a senior pathologist to assess the autopsy.
The pathologist saw an error and the autopsy was changed to say that the boy's injuries could have occurred earlier when he was with his mother.
Tyrell had 53 bruises and 17 head-to-leg grazes when he died.
Defense attorney Greg McGuire argued that the controversial case against Strbak & then partner Matthew Scown was stronger than against the boy's mother during the 2017 conviction.
But Justice Peter Applegarth discovered that there was no convincing evidence that Scown had inflicted the fatal injuries.
Strbak (photo right) could be rocked back and forth in the dock and shook her head when Justice Applegarth handed over his findings about Tyrell's death (photo left)
Justice Applegarth found that Strbak was not only responsible for the serious damage that Tyrell killed, but also for many of the non-fatal injuries he suffered in the days before his death.
You could see Strbak rocking back and forth at the dock and shaking her head as Justice Applegarth passed on his findings.
She was sentenced to nine years in prison in the Supreme Court of Brisbane on December 18, 2017.
Scown, also 34, was sentenced to four years in prison after being found guilty of manslaughter, but was released from justice in October after having been in custody for two years and eight months.
He was convicted of not being responsible for Tyrell's injuries, but failed in his duty of care by not seeking medical help for the boy.
The then partner of Strbak, Matthew Scown, also 34, was sentenced to a prison sentence of four years after he was found guilty of manslaughter. He is shown with a smile after getting a reduced verdict for witnessing against his ex
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