THE mother of a six-month-old boy who died from a traumatic head injury at New Lambton last year has had all charges relating to his death dropped, while prosecutors have finalised the offences the boy's alleged killer will face in the NSW Supreme Court.
More than 12 months after the baby boy suffered a traumatic head injury while allegedly in the care of Jie William Smith, prosecutors revealed in Newcastle Local Court on Wednesday that the 29-year-old would face a charge of murder and an alternative count of manslaughter.
Emergency services were called to a home in Fairfield Avenue, New Lambton on February 9, 2019, after the boy went into cardiac arrest. He died the next day.
The charge certification process, whereby the prosecution finalise the offences a defendant will face in a higher court, had dragged on for more than a year due to the "exceptionally complex and highly sensitive" nature of the matter, the court had previously heard.
The crucial piece of evidence in the case is the autopsy report examining the boy's death and the Office of the Director of Public Prosecutions (DPP) had been forced to repeatedly apply to further extend the period of time for the prosecution to file a charge certificate while they waited for the report to be served. The autopsy report was served in December and the DPP asked for more time to consider the charges before finally certifying the charges against Mr Smith on Wednesday.
The charges mean Mr Smith will likely face a trial in Newcastle Supreme Court, however the matter is scheduled for a case conference between the parties before returning to court in June.
The DPP also withdrew a charge of reckless grievous bodily harm against Mr Smith.
Meanwhile, the boy's mother - who has been behind bars charged with failing to provide for child causing danger of death, concealing a child abuse offence and doing an act intending to pervert the course of justice - had all charges relating to the boy's death withdrawn on Wednesday.
The mother, who cannot be identified, pleaded guilty to two counts of driving while disqualified and was sentenced to time served.
