A jury will today begin deliberating in the case of a teenage mother accused of shaking her 10-month-old baby so hard she caused a traumatic brain injury.
The mother was 18 in July last year when she allegedly shook her daughter at a Gold Coast home, causing brain and retinal bleeding, which Brisbane District Court has heard was consistent with being shaken.
The mother, who cannot be named to protect her daughter's identity, has pleaded not guilty to assault occasioning bodily harm.
The jury has heard a man who had been having a casual relationship claimed to have witnessed the mother shaking the baby at his home in Oxenford.
He told the jury she had taken prescription drugs and had consumed bourbon and smoked marijuana that night.
The court was told the mother took the baby to the Royal Children's Hospital two days later. The child had been vomiting and was lethargic.
After doctors established the baby's injuries, police were called.
In closing arguments to the jury yesterday afternoon, Crown prosecutor Katrina Overell said the mother had been stressed out and overtired due to her child's teething. She said the woman had "messed up".
"She lost her self control with [the baby] and she shook her," she said.
"Maybe for a few seconds, enough to cause bodily harm."
Ms Overell urged the jury to believe the testimony of the mother's casual boyfriend, saying he was reliable.
But defence barrister Catherine Cuthbert said the Crown case fell short of being compelling and was inconsistent.
She said the man her client had been involved with had the opportunity to have shaken the baby.
"That's the difficulty in this case ... who did it?" she told the jury.
"The Crown has not got a case that has evidence that would allow you to convict [the mother] beyond a reasonable doubt."
Judge Martin SC will direct jurors on the law this morning before sending them to the jury room to consider its verdict.
http://www.brisbanetimes.com.au/queensland/jurys-out-for-baby-shake-accused-20101202-18i4d.html