NSW toddler killed in her bedroom: Crown

Mark Russell
·2-min read

A NSW man accused of murdering a 20-month-old toddler was the only person in her bedroom when she was attacked, a court has heard.

The toddler, who cannot be named, died after suffering a number of blows or kicks to the body.

Crown prosecutor Lee Carr SC told a Newcastle Supreme Court jury on Monday the toddler died from multiple injuries, including bleeding to the brain, broken ribs, a collapsed lung, lacerations to her liver and bleeding in her abdominal cavity.

Timothy Andrew Whiteley, 28, has pleaded not guilty to murdering the toddler at a house in the Hunter region on June 19, 2018.

Whiteley had been in a relationship with the girl's mother.

Mr Carr said the crown case against Whiteley was that he was the only person in the bedroom when the toddler was attacked.

He said the toddler's injuries were not accidental and had been inflicted by Whiteley to intentionally cause her serious bodily harm.

"Put simply, somebody inflicted those injuries," the prosecutor said.

Defence barrister Peter Krisenthal said Whiteley denied causing the girl's injuries or participating in the attack.

Mr Krisenthal said while the death of any young child was tragic, Whiteley's defence was he wasn't responsible.

When an ambulance arrived at the house at 5.14pm, paramedics found the toddler unconscious, cold to the touch with no heartbeat.

Attempts were made to revive her but she was pronounced dead at John Hunter Hospital at 6.03pm.

An autopsy revealed the toddler had died as a result of multiple injuries caused by one or more significant blows or being kicked.

Mr Carr told the jury Whiteley and the girl's mother were the only adults inside the house with the toddler when there was a "thud-type bang" just before 12.20pm.

Whiteley's mother and a family friend arrived at the house shortly after the bang was heard by one of Whiteley's workmates who had been visiting and was sitting on the back verandah.

Mr Carr said the toddler was carried from the bedroom area soon after in a clearly distressed state, unconscious and not responding.

CCTV footage showed the mother leave the house at 3.10pm to go pick up another daughter from pre-school, taking the toddler with her.

The prosecutor described the toddler as looking "floppy" when carried to the car by her mother before she drove off.

They returned at 3.32pm with the CCTV footage showing the toddler being brought back into the house.

Mr Carr said an ambulance was not called until 4.59pm but paramedics could not save her.

The trial before Justice Stephen Rothman continues on Tuesday.