A young NSW mother who injected excrement contaminated water into her six-month-old baby son has escaped jail because of her youth and mental health problems.
In sentencing the woman from Moruya Heads on the NSW south coast, Justice Hilary Penfold told the ACT Supreme Court the offence was serious with "potentially serious consequences".
"It was only a matter of luck that (the mother) didn't cause her child permanent damage or worse," Justice Penfold said.
The 21-year-old woman, who can't be named for legal reasons, pleaded guilty in April to intentionally and unlawfully administering an injurious substance with an intention to injure or cause pain and discomfort on January 5, 2006.
Her baby son, then six months old, had been admitted to Canberra Hospital on Boxing Day, 2005 with a bruised left foot and doctors had inserted a catheter.
But 10 days later the young mother "injected a substance containing contaminated water and faeces into the (drip) line .... causing his medical condition to deteriorate dramatically", the court heard.
A psychiatrist had told the court the mother probably suffered from a condition known as factitious disease, or Munchausen syndrome.
People with the disorder deliberately produce illnesses for the sole purpose of assuming the sick role.
When they affect someone in their care it is classified as Munchausen-by-proxy.
Justice Penfold today said the mother "acted under a strong compulsion" because of the disease, when injecting her son.
While the offence was serious and attracted a maximum penalty of five years jail, full time custody was not appropriate in this instance because of her youth and mental health problems, she said.
Instead, the mother was placed on a two-year good behaviour order with strict supervision.
She also must continue treatment for what doctors describe as a borderline personality disorder and depression.
Her son, now aged three, is in the care of NSW community services, with his mother being allowed 30 minutes of phone contact each month.
The woman was genuinely remorseful that her action had hurt someone she loved so much, Justice Penfold said.
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