A mother who murdered her toddler in central-western NSW wept as her sister read out an enraged victim impact statement in a Sydney court.
Three-year-old Josephâs mother and stepfather, who canât be named for legal reasons, were found guilty in April of murdering him at Oberon, near Bathurst, in August 2014.
Crown prosecutor Margaret Cunneen SC said the couple inflicted âgratuitous violenceâ on the âdefencelessâ boy during the seven weeks he was in their care after having lived with his grandmother since he was three-months-old.
The court heard how the stepfather once shut the boy naked and screaming into an Esky full of ice and then held down the lid for more than five minutes.
âThe victimâs death must have been terrifying, prolonged and horrific,â she told the NSW Supreme Court at the coupleâs sentencing hearing.
Josephâs aunt said the way her sister and brother-in-law treated the child âis beyond forgivenessâ.
âThe moment she allowed another man to raise his hand to you⌠she stopped being my sister.
âShe stopped being your mother and it was the moment I decided she was dead to me.â
Sitting in the dock with her husband, the mother wiped tears from her face as her sister recalled loving and playful times at home with Joseph.
One of Josephâs uncles said he is âhaunted not just by the brutality of Josephâs death but by their sheer lack of compassionâ.
âThe brutally cruel death of Joseph has pushed my familyâs emotions to new uncharted levels of grief and despair which continues to consume us in mind, body and spirit,â he said.
During the trial, when the toddler was referred to as âTimothyâ, his adult half-brother testified the mother aggressively shook the toddler so his head was âflopping back and forthâ, and the stepfather duct-taped the little boyâs eyes shut.
On other occasions, the boy had a tennis-size ball taped into his mouth, his head slammed into a wardrobe door, and his penis flicked with a wooden spoon, the court heard.
Joseph died three days after paramedics were called to the coupleâs home to find him in cardiac arrest, with grazes on his cheeks and temple and a bruise on his forehead.
The couple claimed Joseph went into cardiac arrest after tripping over a rope tied to the familyâs dogs.
Ms Cunneen said it was an âabsurd explanationâ and the couple should receive life sentences.
The Crown alleged the mother likely fatally injured her son, and the stepfather was complicit because he knew she was wanting and able to kill him.
The motherâs lawyer Eric Wilson SC said even though sheâd previously had thoughts about killing her son, she had âno intention to killâ him when he died.
It was âa moment of exasperated lack of control, loss of temper,â he said.
The stepfatherâs lawyer Alissa Moen said her client would have been unaware of the abuse because he took medication that made him âsleep quite heavilyâ.








