As photos of his tiny bruised body were shown to a Brisbane court, a mother battling to get her sentence reduced for murdering her four-year – old son broke down.
In 2017, Heidi Strbak was sentenced to nine years in jail after pleading guilty to the manslaughter of Tyrell Cobb, her four-year – old son.
In March, following a successful High Court appeal, Strbak ‘s sentence was set aside.
She faces a re-sentencing hearing at the Queensland Supreme Court before Justice David Boddice.
The Crown said in opening submissions on Tuesday that there were only three people who had the potential to harm Tyrell — Strbak, Scown, and the uncle of the boy who had been cleared.
A number of witnesses who will provide proof of seeing Strbak physically and verbally assaulting Tyrell earlier are expected to call.
“It is the Crown’s contention that it was Ms Strbak who applied the blunt force trauma to her son causing abdominal injuries resulting in his death,” Philip McCarthy QC told the court.
Defence barrister Saul Holt said that there was no doubt that Tyrell ‘s injuries were wrongful and deliberate, but Strbak was not responsible.
“The evidence will demonstrate that there was no evidence of any unexplained injuries to Tyrell Cobb prior to the bruises that began to emerge over that weekend,” Mr Holt said.
“Bad things were happening to Tyrell Cobb, in the vast majority at least, they occurred in the period of time that Mr Scown moved in.
“That was the significant change that had occurred in their lives at that point.
“The evidence is that, prior to the time that Mr Scown had come to live in the unit, there were in fact no unexplained injuries prior to that time at all.”
The hearing is expected to last at least four days.