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Dawes Should Serve Jail Time For Son's Death, Say Prosecutors
By Dave Reynolds, Inclusion Daily Express
September 30, 2004

SYDNEY, AUSTRALIA--Daniela Dawes should serve jail time for killing her 10-year-old son, prosecutors told an appeals court Wednesday.

Dawes, 39, admitted to suffocating Jason, who had autism, by holding his nose and mouth closed until he was dead on August 4, 2003. She said the incident happened when he disrupted her efforts to get him ready for school. She claimed that her depression, not her son's disability, was the motive for her actions.

In June of this year, Dawes was given a 5-year good behavior bond, similar to probation with no jail time, after being convicted on a reduced charge of manslaughter. Upon sentencing, the judge said Dawes "had suffered enough" and that no sentence he could give would compare to the punishment she would continue to inflict upon herself.

Crown (government) attorneys are appealing Dawes' sentence in New South Wales Court of Criminal Appeal.

Crown Prosecutor Lou Lamprati SC told the appeals court that, while Dawes' responsibility may have been diminished because of her mental illness, she remained ultimately responsible for her son's death. The sentence, therefore, failed to recognize the "objective seriousness" of her crime, he said.

"What should have been imposed was a sentence of imprisonment full-time but not necessarily a long one," Mr. Lamprati argued.

Dawes' defense attorney, Anthony Bellanto QC, said the sentence was the correct one. He noted that if Dawes were to serve jail time, her custodial relationship with her teenage daughter would be jeopardized.

Craig Dawes, her estranged husband, told reporters outside the court that his wife should be jailed for killing their son.

"Let's hope they get it right the second time around," Mr. Dawes said of the appeal judges.

Related:
"Daniela Dawes: Mom Confessed To Suffocating Son, 10" (Inclusion Daily Express Archives)

http://www.inclusiondaily.com/news/crime/dawes.htm

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