A Perth couple who neglected a brain-damaged baby who later became blind and quadriplegic have been jailed for more than four years, despite fears they will be targeted in prison.
Amber Marie Minett, 27, and Cassidy James Johnstone, 25, were sentenced to four years and four months on Friday, but will be eligible for parole after two years and four months, after pleading guilty to child neglect in the West Australian District Court last week.
Eight-month-old Levi Mippy was left permanently disabled after Minett, his mother, and Johnstone, stepfather at the time, failed to seek medical attention for him for 18 hours in December 2010.
Levi suffered a brain injury after Johnstone admitted playing rough with him, but the couple refused to seek medical attention for the listless baby, even after a neighbour and relative told Minett he needed to see a doctor urgently.
It was not until Levi’s paternal grandmother, Doris Mippy, visited the child 18 hours after the initial injury and took him to Swan District Hospital in Perth’s east that he received attention.
Levi was transferred immediately to Princess Margaret Hospital and underwent an operation to relieve bleeding on his brain.
A surgeon testified at a pre-sentence hearing that Levi would have died without medical intervention.
Neither Minett nor Johnstone were ever charged over the injury.
There were heated and emotional scenes throughout Friday’s sentencing, with family supporters crying and the now separated couple sobbing at length in the dock.
Judge Anette Schoombee had to adjourn at one stage after Minett and Johnstone both broke down hysterically.
Upon hearing of their jail terms, Minett stood up and shouted at Johnstone, “I’ll kill you, you dog!” before she was led away by guards.
A visibly shaken Johnstone refused to follow, and waited to be escorted separately.
The drama had started that morning, with Minett supporters spitting and swearing at journalists outside the court as they went in.
Levi’s biological father, Mervin Mippy, and his mother, Mrs Mippy – who now cares for the boy – watched the proceedings via video link from another courtroom, after Mr Mippy had punched a man and threatened to kill Johnstone during a violent outburst at an earlier appearance.
Mr Mippy pleaded guilty to contempt of court over that incident and will be sentenced on June 14.
At Friday’s sentencing, lawyers for Minett and Johnstone argued both would be targeted in jail if they were sentenced, given the nature of their crimes.
Justice Schoombee accepted they would have to spend most of their time in protective custody.
Outside the court, police Sgt Tony Walton, who investigated the case, said there was not enough evidence to charge Minett or Johnstone over Levi’s initial brain injury, even though a doctor testified it was most likely caused by Johnstone vigorously shaking the baby.
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