A Brisbane Supreme Court hearing has heard the heartbreaking story of a seven-month-old baby girl’s drowning in February 2021. The Crown prosecutor, Caroline Marco, described how the mother, 24-year-old Lavinia Alison Murray, left her daughter, Trinity, unattended in a bathtub. Murray had put Trinity in the bath in the laundry sink at about 9am and used a pair of children’s underwear to wash her. She turned the tap on and moved the spout to the side of the tub without plugging the drain.
Trinity remained in the tub unsupervised and lying on her back with the water running while Murray attended to her other children, cleaned the house, and exchanged text messages. Marco said Murray checked on Trinity three times but then realized she was not making any noise after 9.39am. By that time, the underpants had blocked the drain, and the sink had filled up with water up to Trinity’s ears and cheeks. She had turned purple in color.
Marco emphasized that Murray should never have left Trinity in the bath unattended for any period of time, as her actions constituted a breach of her duty of care and formed the basis for her criminal responsibility. The court heard victim impact statements from Trinity’s father and paternal grandmother. The father expressed how Trinity’s death had led him down a path of drug and alcohol abuse, resulting in further time in custody and causing him to miss his daughter’s funeral. Trinity’s grandmother spoke of her as a happy and smiling baby who loved to visit people. She expressed the profound sense of loss she felt, stating, “I wake up from sleep hearing her little laugh … She has lost her life and I feel as though I have lost a part of mine too.”
Defense barrister Joseph Briggs presented mitigating circumstances on Murray’s behalf, highlighting the challenges she faced as a young single mother with an abusive childhood, a mild intellectual disability, and a history of domestic violence. He also mentioned police reports indicating that Murray had received threatening phone calls in the days leading up to Trinity’s drowning, potentially impacting her state of mind. Justice Paul Freeburn acknowledged Murray’s remorse but emphasized her responsibility for causing the death of a defenceless and vulnerable baby. He stated that the tragedy would have devastating consequences for Murray, the father, and their families for the rest of their lives. Murray was sentenced to five years’ imprisonment, suspended after serving 12 months in custody.
