A BABY lady tragically drowned within the tub whereas her reckless dad smoked a cigarette and browsed Fb.
Daniel James Gallagher, 26, pleaded responsible to the manslaughter of nine-month-old Leah Jayde in wake of her demise on April 2 final 12 months.
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She handed away simply days after a near-miss when Gallagher had left her alone in 10-12 centimeters of water.
The tot had been positioned within the tub whereas the water was nonetheless working by her dad at their house in Queensland, Australia.
The Brisbane Supreme Courtroom heard how Gallagher left Leah unsupervised to take care of {an electrical} situation within the property.
After heading outdoors the house, he smoked a cigarette earlier than scrolling by way of Fb for a number of minutes.
When the 26-year-old returned to Leah, he discovered her unconscious and “floating face down” within the overflowing bathtub.
The frantic father referred to as emergency providers and tried CPR earlier than paramedics arrived to take over.
Leah’s mom, Shaylan Gallagher – who break up together with her highschool sweetheart Gallagher in 2020 – additionally rushed to the house to attempt to save her little lady.
The nine-month-old was taken to the Hervey Bay Hospital, the place she was sadly pronounced useless.
Crown prosecutor Chris Prepare dinner estimated Gallagher had left his daughter unattended for about seven minutes.
Though he admitted there was “little question” the dad was remorseful, he stated the toddler’s useless was “not an accident”.
Mr Prepare dinner informed the court docket: “It was past reckless. This was greater than inattention, his actions precipitated a wholly avoidable demise.
“The sufferer impression right here is after all excessive.”
In a merciless coincidence, the court docket heard how an analogous harmful incident had taken place whereas Leah was within the care of her father.
Simply days earlier than the nine-month-old drowned, mum Shaylan had arrived on the house the place she allegedly discovered her daughter within the tub alone whereas Gallagher was smoking.
His defence barrister Andrew Hoare stated the 26-year-old has been “distracted by extraneous, irrelevant issues” and failed to grasp the danger of drowning.
He added: “My consumer will all the time have the guilt of his conduct.
“My consumer has appreciated that his conduct will not simply have an impact to him, however to everybody who cherished his daughter.”
It was past reckless. This was greater than inattention, his actions precipitated a wholly avoidable demise.
Leah’s heartbroken mom Shaylan says she is serving a life sentence after being robbed of her child daughter.
In a “profoundly transferring” impression assertion she stated she has skilled ” nice ache and physiological injury”.
She informed ABC how she started “screaming and bawling her eyes out” after receiving the crushing name that Leah was unconscious.
The mum is now on a mission to lift consciousness of kid security.
Shaylan stated: “It is about following your intestine feeling. When you really feel that your little one just isn’t secure someplace, act on it.
“I believe it’s only a fixed reminder that you’ve got your motherly instincts for a motive.”
Justice Peter Applegarth stated the primary incident the place he left Leah unsupervised ought to have served as a wake-up name to Gallagher.
The dad pleaded responsible to manslaughter after leaving her alone within the water.
His obligation of care breaches included leaving Leah unattended within the tub and leaving the water working.
He was handed a five-year sentence, which will likely be suspended after 15 months.
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