A Queensland man smoked a cigarette and looked at his phone as his daughter drowned in a bathtub.
Daniel James Gallagher, 26, pleaded guilty to the involuntary manslaughter of nine-month-old Leah Jayde in Hervey Bay in April 2021.
Gallagher had put Leah in the bathtub with the faucet open, the Brisbane Supreme Court learned Wednesday.
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Without turning off the tap, he left her alone to go to the electrical box after an electrical problem arose in the house.
“After turning off the (safety) switch, he has decided to smoke a cigarette and use his phone,” Crown prosecutor Chris Cook said.
Leah was left alone for about seven minutes, according to the court.
Frenetic response
When Gallagher returned to her, she was unconscious and the tub was full of water all over the floor.
He turned off the tap, called the triple-0, and tried to CPR Leah until paramedics arrived.
The girl’s mother came home and witnessed attempts to revive her.
Leah was taken to the hospital but was pronounced dead.
“Beyond recklessness”
Gallagher was responsible for Leah’s “negligent murder,” Cook told the court.
Her breaches of duty of care included leaving Leah unattended in the bathroom and leaving the water running.
“It was more than reckless,” Cook said.
“His actions have caused a totally preventable death.”
Judge Peter Applegarth sentenced Gallagher to five years in prison, with the sentence suspended after serving 15 months.