Horrendous details of how a woman died from lack of care in her squalid home, covered in faeces and ulcers and using her sofa as a toilet, have been detailed in court.
Julie Lynette Delaney shakily told the court she regretted her actions after her mother, Noelene Delaney, was found dead in her filthy Pimpama home on the Gold Coast in September 2020.
“I am very sorry for what I have done,” she told the Brisbane Supreme Court moments after pleading guilty to manslaughter.
But even with the plea, Delaney will not spend any more time in custody.
Instead, she walked free with a five-year suspended sentence hanging over her head after a judge determined it would be detrimental to her recovery to send her back into custody.
Julie Lynette Delaney (left) pleaded guilty to the manslaughter of her mother Noelene in 2020 after failing to care for the 82-year-old woman. Image: NewsWire/Glenn Campbell
Delaney, 61, was the primary caregiver for her 82-year-old mother at the time of her death.
Her son, who was not charged with a crime, assisted in Noelene’s care by paying bills, driving her and Delaney to and from appointments, and delivering food.
Noelene required 24-hour supervision and care and regular medical appointments, including physical and occupational therapy.
The court was told Delaney failed to attend aged care support group BlueCare and Gold Coast University Hospital regarding physiotherapy appointments for her mother.
On September 18, 2020, Delaney and her son exchanged messages about Noelene’s condition.
They included Delaney telling her son that he couldn’t lift his mother, that she was “dead weight” and mumbling.
Crown prosecutor Caroline Marco said another at 3:30 p.m. asked her son for “help.”
She told the court that Delaney’s son arrived at Noelene’s home in Pimpama and found the 82-year-old man “frail and malnourished” struggling to breathe, covered in faeces and making moans.
Emergency services responded to the house that same night.
“(Noelene) was unresponsive and in a semi-conscious state,” Ms. Marco said.
The court was told Delaney failed to provide adequate medical care to his elderly mother. Image: Supplied
“Queensland Ambulance Service officers noted he was cold to the touch, was panting, not speaking and flailing his limbs.”
The court was told a “strong, putrid smell” emanated from the house, which was described as covered in faeces.
Police discovered that the sofa Noelene was sitting on had been converted into a toilet, with a large hole containing faeces, urine and dirty towels.
Marco said they left Noelene lying on the couch for several hours a day.
More dirty clothes, bedding and towels were found in the bedroom.
“There was no fresh food, vegetables or fruits in the house,” said Mrs. Marco.
Noelene’s cause of death was determined to be sepsis caused by malnutrition, but other conditions included ulcers, Alzheimer’s disease, and hypertension.
It weighed only 49.6 kg.
Marco said Delaney told police he was not abusive to his mother and cleaned the couch every day.
Delaney admitted that caring for Noelene was “sometimes difficult” but she never thought she couldn’t care for her.
Delaney claimed that she had gone to a doctor’s appointment and found her mother unconscious on the couch, which had been converted into a toilet. Photo: facebook
He claimed he went to a doctor’s appointment the day his mother died and returned home to find her unconscious, and told police he cleaned his mother “out of respect” for the deceased.
When asked if he thought he had done the right thing, Delaney replied: “Not really, I know I got a little, a lot full.”
Delaney’s criminal liability was her failure to obtain adequate medical care when her mother’s condition had clearly deteriorated, Ms. Marco explained.
“It wasn’t a momentary lapse in judgment,” he said.
Delaney’s legal aid lawyer claimed his client had shown remorse for his crime.
The court was told doctors had opined that Delaney suffered from schizophrenia and showed “borderline cognitive functioning” with deficits “across the board”.
The 61-year-old did not seem “aware of her shortcomings” in her role and had difficulty planning.
This meant that I did not have the cognitive resources or motivation to organize medical care for Noelene.
Delaney’s lawyer said his client was receiving support through the NDIS and was volunteering at a Gold Coast-based community support group.
“Ms. Delaney herself needed her mother’s help to raise her son,” her lawyer said.
Supreme Court Justice Melanie Hindman said Noelene’s life ended in a way no one would have wanted and that Delaney did not appreciate the level of care her mother needed.
“You must have suffered a great deal of pain before and at the date of your death,” Judge Hindman said.
“It is a tragedy that it was not recognized sooner that you were not a suitable person to care for your mother at that stage of her life.”
He sentenced Delaney to five years in prison, but declared that the 82 days he had spent in custody were time served.
The sentence was suspended for five years.
