The High Court has quashed the jail term given to a Gold Coast woman over the violent death of her son and ordered that she be re-sentenced.
Heidi Strbak was originally sentenced to nine years behind bars after pleading guilty to the manslaughter of four-year-old son Tyrrell Cobb at Biggera Waters in May, 2009.
But she denied inflicting any of the blows that led to Tyrrell’s death.
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Strbak admitted to not seeking medical attention for her son, who was later found with more than 80 injuries, but her trial judge ruled Strbak was likely responsible for injuring the 4-year-old.
Strbak’s former partner Matthew Scown had earlier pleaded guilty to manslaughter after also admitting to not seeking medical attention.
He was sentenced to four years jail.
Strbak failed in a bid last year to have her sentence reduced, with the Court of Appeal finding no errors in the original judgement and sentence.
Her lawyers had argued that it was Scown who had actually inflicted the fatal blows.
The High Court today allowed Strbak’s appeal and quashed her sentence.
The matter will now be sent back to the Queensland Supreme Court for re-sentencing.