In the Supreme Court of Queensland case R v Desatge and R v Dawita [2024] QSC 205, the trial dealt with the complex matter of determining responsibility for the death of Kaydence, a young child, where the evidence presented was predominantly circumstantial. The defendants, stepfather Tane Saul Desatge and mother Sinitta Tammy Dawita, were charged with several offences, including murder and torture. The prosecution argued that both individuals were involved in a pattern of mistreatment towards Kaydence, resulting in her death, with the motivation largely stemming from animosity towards her biological father. The court examined various aspects of the defendants' relationship and their actions following Kaydence's death, which included the disposal of her body and numerous lies to obstruct the investigation. Ultimately, the court found Desatge guilty of murder and torture, emphasizing his culpability in mistreating Kaydence and causing her death. In contrast, Dawita was acquitted of all charges, as the evidence did not conclusively demonstrate her intent to harm Kaydence or that she was liable as an aider or party to a common unlawful purpose.
Full text: https://www.sclqld.org.au/caselaw/148933