"Though the temperature outside was 27C, tests found Thy's body temperature was 41.5C."
Mother jailed over baby daughter's death in car on hot day
- 2 years ago February 02, 2013
Nguyen pleaded guilty to the manslaughter of Thy Tran, who died in November 2011 after being left in a car in a Glenroy driveway.
Nguyen had regularly been warned of the risks of leaving Thy in the car. Though the temperature outside was 27C, tests found Thy's body temperature was 41.5C.
Saul Holt, for Nguyen, who has spent four days on remand, argued she should be freed on a community corrections order, with strict conditions including community work, curfews and tough reporting requirements.
Crown prosecutor Mark Rochford, SC, opposed the idea, saying the matter was "simply too serious" for a non-custodial sentence.
After adjourning the case for several hours, Justice Betty King agreed, saying the seriousness of the offence "absolutely warrants a sentence of imprisonment".
Mr Holt had argued that Nguyen had had a tough upbringing, surrounded by drug users and traffickers, which led to a heroin addiction.
He said Nguyen had been a good mother who had made "the mistake she will regret for the rest of her life".
But Justice King expressed concern that Nguyen had been warned not to leave her baby in the car.
"She had been warned on numerous occasions," the judge said.
"Her stepfather had told her people die. Other people had said 'Don't forget the child'. How much more (did) she need to be told?
"She knew it was wrong."
The court heard Nguyen had fallen into the habit of leaving Thy in the car in an effort to help her fall asleep.
On the day her daughter died, Nguyen had taken her two children for a drive to try to get them to fall asleep.
On her return home, she removed her older child.
She checked the sleeping Thy after about 15 minutes, then went inside, intending to return 15 minutes later.
But she fell asleep watching TV. She woke in a panic, and found Thy unresponsive.
Nguyen will be sentenced on February 12.
Mother jailed over baby daughter's death
in car on hot day
- From: Herald Sun
- February 01, 2013
as temperatures soared has been held in jail awaiting sentencing.
Michelle Nguyen, 21, was charged with the manslaughter of baby Thy Tran,
who was left a car in a Glenroy driveway and died in November 2011.
had already spent four days in prison and should not return there.
on a community corrections order with strict conditions.
after considering her decision for several hours,
said a non-custodial sentence was simply not viable.
is not a viable alternative,” she said.
could be the subject of strict conditions including community work,
curfews and tough reporting conditions.
who said the matter was “simply too serious”.
it “absolutely warrants a sentence of imprisonment”.
not to leave her baby alone in the car.
Thy in the car in an effort to help her fall asleep.
by concerned family and friends.
if left in hot cars unattended, but she continued to leave Thy alone in her car, the court heard.
after she was rescued by a concerned neighbour, it was alleged.
Her stepfather had told her people die,” Justice King said.
to try to get them to fall asleep and, upon her return home,
removed her older child from the vehicle, leaving the sleeping Thy.
intending to return 15 minutes later, but she fell asleep watching television.
who had made the “mistake she will regret for the rest of her life”.
Read more: http://www.news.com.au/top-stories/dont-jail-mum-over-babys-death-lawyer-urges-supreme-court/story-e6frfkp9-1226566736192#ixzz2Jd0X5Wr4