A woman
whose two-year-old son drowned in her garden while she was inside her
house posting pictures on Facebook has been jailed for five years.
Claire
Barnett was on the internet and chatting on the phone when she was
meant to be supervising her son, Joshua, as he played near the pond
outside their home near Beverley, East Yorkshire.
She
told police she ran outside 'within 10 seconds' of her son falling in
the water but the court said it was impossible to know how long he was
there. Joshua was later pronounced dead in hospital.
Hull Crown
Court heard Barnett, who has four children by three different men, had
been warned by relatives to fence off or cover the pond after moving in
to the rented house, but ignored their advice.
Barnett
pleaded guilty to four charges of neglect after denying a charge of
unlawful killing. Judge Jeremy Richardson, said her son had died as a
result of her 'utterly neglectful parenting'.
The court heard she had been contacted by social services in the months before Joshua's death on 17 March 2014.
Crown
barrister Peter Moulson, QC, said Barnett was a mother who regularly
allowed her children to play outside unsupervised on a busy road near
their previous address.
She
was reported to the NSPCC in August 2013 after two of her children
were nearly run over by a car. At the time, the children had no shoes,
inadequate clothing and no supervision.
Mr
Moulson, QC, said Joshua had been playing in the large garden outside
the rented home. At some point, he fell into the figure-of-eight pond,
which was 13m long and 50cm deep in places.
+9
Barnett, pictured arriving at Hull Crown Court today
Barnett made a 999 call to the police at 9.27am reporting her son had fallen in a pond.
She
tried to give him emergency first aid, but he was unconscious when he
arrived at Hull Royal Infirmary and was pronounced dead at 11am.
Mr
Moulson said: 'It is not possible to put and exact period of time he
was in the pond. It may have been as short as 20 seconds.
'There
was evidence the defendant had been on a mobile telephone in the lounge
on Facebook when Joshua was at the pond. The danger present of this
neglect was obvious.
'She said she had been on the telephone and on Facebook. She said she had spoken to her partner and uploaded a picture.'
He said there was evidence of a second picture being uploaded which she had not immediately told police about.
Mr
Moulson said Barnett's family had previously warned her about the pond,
telling her she should fence it off or cover it with mesh.
'None
of that was put in place,' Mr Moulson said. 'The defendant we say was
well aware of the risk and had taken no steps to have it fenced off.'
He
added that Barnett had allowed two children to play alone without any
adequate supervision and had given different accounts to different
people about what had taken place.
He said: 'She told the police that she was inside her home at the time. She failed to supervise their play.
'She was in fact exchanging Facebook messages over the internet at the time she should have been supervising them.'
He
said there was evidence she could not have been able to see the
children in the garden from where she was stood in the house.
When
interviewed by police, Barnett said she had run out of the house within
8-10 seconds and that if the officers 'spoke to anyone' they would say
her children are the 'least neglected in the world'.
Judge
Jeremy Richardson, QC, said: 'I don't think it really matters how he
got in the pond. The child should have been supervised.
'Children
of a young age do all sorts of things, it is there way. This sort of
pond would put terror in the mind of any normal parent.
'You
only need to watch the behaviour of good and dedicated mother who take
their children to a duck pond. They watch them like hawks in case they
fall in and drown.'
In a victim impact statement, the boy's father said his family was devastated.
Grieving: In a victim impact statement, Joshua's (pictured) father said his family was devastated
Barnett pleaded guilty to four charges of neglect after denying a charge of unlawful killing. Pictured, Joshua
Defence
barrister Timothy Roberts, QC, said Barnett had become distracted by a
Facebook comment that was posted to her 'rather than the other way
around'.
He
said: 'Any mother going about the house can be distracted by a
telephone or a washing machine. This was an incident where a message was
put up which she responded to.
'She
was not on Facebook having a long conversation. It shows the danger the
of reacting immediately to unsolicited messages when there are more
pressing duties to perform.'
Sentencing
Barnett to five years in prison, Judge Jeremy Richardson, QC, said: 'As
a result of your utterly neglectful parenting of two very young boys,
one has died.
Tragic: The ornate garden pond where Joshua drowned has since been filled in, as seen above
Unsupervised: Joshua had been playing in the large garden outside the rented semi-detached home, pictured
'It
is the first duty of any parent to keep his or her child safe. You
repeatedly failed in that paramount duty, exposing each of the children
to risk of serious injury and death.
'Your
lamentably appalling parenting led to fatal consequences. This is not
simply a case of you providing low quality parenting.
'Your
serious repeated long-term neglect by failing to supervise your
children and preventing them from being exposed to considerable dangers
amounted to criminal conduct.
'Your
culpability is high and this is a very serious case. If you should have
any further children, they will almost certainly be removed from you.
'You pose very serious risks to any child for whom you have responsibility.'
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