Parents of a nine-day-old baby who died after cocaine was detected in her system have avoided immediate prison after admitting child neglect.
Rochelle Thomas, 30, and Andrew Maunder, 29, were sentenced at Truro Crown Court on Thursday, 1 October, almost three years after their daughter Darcey died at the Hotel Victoria in Newquay, Cornwall.
The couple each received a two-and-a-half-year prison sentence, suspended for three years. The court heard that cocaine was detected in Darcey's system and that Judge Simon Carr considered breastfeeding the most likely route through which she ingested the drug. However, the hearing did not establish that the parents caused Darcey's death.
Baby Died at Newquay Hotel
Darcey was found unresponsive at the Hotel Victoria on 11 November 2023. Emergency services attended the scene, but the newborn was pronounced dead shortly after 11am.
The court heard that Thomas and Maunder were found distraught in the hotel room after Thomas' mother went to check on them. Darcey was found unconscious with blood on her face.
Both parents subsequently pleaded guilty to one count of child neglect each.
Cocaine Found in Baby's System
Prosecutor Joss Ticehurst told the court that analysis of Darcey's blood showed cocaine in her system and that the drug could have been ingested through breastfeeding.
'Ms Thomas was breastfeeding Darcey and cocaine can be ingested by a baby through breastfeeding,' Ticehurst told the court.
Cocaine was also found on the parents' clothes and fingers, while a cup in the room was contaminated, providing other possible routes of exposure. Judge Simon Carr considered breastfeeding the most likely explanation.
Ticehurst said the parents' cocaine use had 'put their baby daughter's life at risk.'
Parents' Cocaine Use Examined
The court heard that both parents used cocaine, with toxicology evidence showing that Thomas had taken the drug during and after her pregnancy.
Ticehurst said Maunder initially denied taking cocaine and denied that Thomas had used the drug. Thomas told the court that Maunder could use several lines of cocaine in a night and admitted taking the drug herself a couple of days after giving birth.
The prosecution said the presence of cocaine around the hotel room added to the risk posed to the newborn.
However, the hearing did not establish that the parents caused Darcey's death. The court heard that the precise cause of death could not be established, with accidental overlaying also considered as a possibility.
Thomas had no previous convictions, the court heard, but Maunder had previous convictions for cannabis possession and assaulting a police officer.
The defence said the couple had been seeking help and were preparing to move north to be closer to Thomas' family and receive additional support.
Judge Criticises Parents
Judge Carr told the couple that Darcey had been entitled to rely on them for protection and said they had failed her.
'Darcey was entitled to rely on you for her protection. You entirely failed her,' he said.
'You allowed your addiction to take precedence over your baby. Not just on the day but in the months of your pregnancy.'
Suspended Sentences and Rehabilitation
The judge considered mitigating circumstances, including Thomas' PTSD and depression, as well as Maunder's remorse and poor mental health.
Judge Carr said that, almost three years after Darcey's death, nothing would be achieved by sending the couple to prison. Both parents must complete 12 months of rehabilitation work with probation services as part of their suspended sentences. Thomas was also ordered to undertake a six-month drug rehabilitation programme.
The suspended sentences mean neither parent will serve the prison term immediately, although a breach of the relevant conditions could result in further court action.
