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ABC News
ABC News
National
By Kate McKenna

Heidi Strbak released from prison after sentence reduced over manslaughter of son Tyrell Cobb

Heidi Strbak, second from left, made no comment as she walked free with her supporters.

The mother of Tyrell Cobb has been released after being resentenced to five years jail for his 2009 manslaughter on Queensland's Gold Coast.

Heidi Strbak made no comment as she left the Supreme Court in Brisbane at 6:30pm and got into a car with friends and family members.

Her prison term was suspended immediately due to having already spent more than 1,100 days in custody over the death of her four-year-old son.

It comes after a Supreme Court judge found the Crown had failed to establish "to the requisite standard" that Strbak was the one to blame for inflicting the blunt force trauma that led to the boy's death.

Instead, Justice David Boddice said the two blows could have been delivered by either Strbak or her former partner Mathew Scown.

"There's no proper basis to exclude Scown from inflicting the injuries," he said.

Justice Boddice said Strbak could only be sentenced for manslaughter on the basis she neglected to provide her son the "necessities of life".

"Your conduct involved serious criminal behaviour to your own child, who relied and depended on you to protect him," he said.

"You failed dismally with the consequences that he lost his life.

"I do not doubt that you grieve every day for your lost son. His father and other loved ones also grieve that loss."

Tyrell died on the Gold Coast on May 24, 2009, after suffering blunt force trauma to his stomach.

At the time, doctors noted there were bruises "all over" his body.

Scown was also convicted of the boy's manslaughter in 2017 for failing to seek medical help.

He was sentenced to four years' prison — suspended immediately — because of time already served.

Parent's failure was 'greater breach'

In sentencing Strbak today, Justice Boddice acknowledged her penalty was higher than Scown's, but said her position as Tyrell's mother "warranted a heavier sentence".

"While he was in a position of care, he was not the child's parent," he said.

"Your failure … represents a far greater breach."

Strbak admitted to manslaughter for failing to take her son to the doctor, but always disputed the allegation that she was to blame for the lethal blows.

She was sentenced to nine years in jail in 2017 after the judge found there was "a compelling circumstantial case that [she] inflicted serious injuries that weekend on her son, including the fatal injuries".

In March, Strbak won her appeal and the High Court ruled that she be resentenced.

During today's court hearing, Justice Boddice said he rejected parts of Scown's evidence, including that Strbak's demeanour towards Tyrell changed when she did not have access to cannabis.

He said he also took Strbak's remorse and cooperation into account.

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