THE mother of a Gold Coast toddler, who died in 2009, has lost a bid to shave time off her jail sentence in the Queensland Court of Appeal.
Heidi Strbak launched an appeal last year after being sentenced to nine-years behind bars for killing her four-year-old son Tyrell Cobb, who died at a Biggera Waters home in May of that year.
The court found Strbak was responsible for inflicting the fatal blunt force injuries to Tyrell’s abdomen.
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However, her lawyers argued that it was actually her ex-boyfriend, Matthew Scown, who had inflicted the injuries.
Defence barrister Saul Holt SC argued in court, Scown had an incentive to lie because he was set to received a reduced sentence for cooperating with authorities.
He claimed the sentencing judge failed to consider how the status as a special witness affected Mr Scown’s credibility on the stand.
Scown was sentenced to four years’ jail but released immediately after serving almost three years on remand.
On Tuesday, the Queensland Court of Appeal refused the appeal, saying the sentencing judge’s reasoning contained no “evident error”.
The Court said the conclusion that Strbak inflicted the fatal injuries was not “so glaringly improbable” that the judge misused evidence presented in the sentencing hearing.