BY MAMAMIA TEAM
It’s a story that’s almost too tragic to tell.
A Perth dad drives to a childcare centre in Helena Valley to collect his 11-month-old son.
He walks into the Ladybugs Early Learning Centre and asks the staff for his son, only to be told that the boy never arrived at day care that morning.
No one dropped him off.
Only minutes later, the 11 month old is found strapped into the car seat of his dad’s Honda Civic.
He’s not breathing.
Staff from the childcare centre try desperately to administer first aid and CPR to the unresponsive child, but nothing works.
He’s gone.
Police investigating the baby’s death are not treating it as suspicious.
“At this time the child’s death is not being treated as a homicide, however inquiries into the circumstances leading up to the child’s death are continuing,” a police spokesperson told the media.
It’s believed the child might have been in the car all day and that his father may have simply “forgotten” to drop him off at day care.
News outlets are reporting that the man might have gone into something of an auto-pilot mode. That he drove to work, parked the car for the day (on a day when the temperature reached a maximum of 26°C ) and only realised the fatal mistake when he arrived at the day care centre.
The question many parents are now asking is how? How does a parent forget their child?
Top Comments
Below is the definition of murder and manslaughter in NSW. It may be a little different in the other states.
Just having a quick read I think that this man could be charged with murder, or manslaughter, or nothing.
So I also think that the DPP won't place any charges because of the difficulty in obtaining a conviction.
That really is a damn shame.
CRIMES ACT 1900 - SECT 18
Murder and manslaughter defined
18 Murder and manslaughter defined
(1)
(a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
(b) Every other punishable homicide shall be taken to be manslaughter.
(2)
(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Section 2(a) of the Crimes Act in NSW: "No act or omission which was not malicious...shall be within this section".
This means that any act without malice cannot be charged as manslaughter or murder (which is what section 18 covers).
Accidents are tragic but are not charged under murder or manslaughter because by definition they are not malicious (section 2b)
The common law has clarified this interpretation (see for example the case of R v Lamb 1967).
I'm really not trying to be inflammatory but it is seriously negligent of you, not to mention defamatory to say that he could be charged with murder on a public forum.
I urge every reader here, particularly those blaming the parents in these tragic accidents, to read the linked article 'Fatal Distraction'.
It is VERY disturbing however may allow you some compassion for these poor people and may one day save your own child's life.
I agree Semantics, I'm finding it intensely frustrating that while the Mamamia team have made it as simple as possible to find the article, as well as seeking local expertise, people refuse to read, then spout off in complete ignorance, with a hefty side of smugness. It's an emotionally difficult read, but a highly accessible (Pulitzer-winning) piece. It deals with the emotion, the science, and the law in respect of this issue. I've said it before, and I'll say it again - read it, be informed, be vigilant. Drop the smugness.
I had a chuckle when I saw comments relaying the science behind this phenomena being voted down... Down with facts!