A South Australian mother who neglected her baby to the point he was "on death's door" has been spared jail, while her "violent and controlling" husband will spend at least two years behind bars.
Ebanee Gayl Coad, 34, and Jeremy Neil Capper, 34, pleaded guilty to criminally neglecting their four-month-old boy in September 2018.
The baby was "very close to death" and suffering from significant physical injuries, clinical dehydration, kidney failure and severe nappy rash when he presented at the Port Pirie Hospital.
He also had untreated skull, rib and tibia fractures that District Court Judge Liesl Kudelka said were "inflicted" and "required involvement of another person".
The boy was airlifted to Adelaide's Women's and Children's Hospital "in a life-threatening condition" and admitted to intensive care.
During sentencing, Judge Kudelka said the boy's parents had failed to care for him and seek medical help for up to six weeks beforehand, and that his "dire physical condition was testament to the degree of neglect".
"It is likely that he would have exhibited signs of deterioration over the proceeding days given the severity of his presentation," she said.
"Even on your own account you delayed at least six hours getting urgent medical care; that delay put his life at risk.
"Your offending needs to be publicly denounced."
Judge Kudelka said the baby had stopped sucking on his bottle up to six weeks earlier and was losing weight but his parents failed to seek any medical advice or help.
The court heard the child was now "thriving" in his new home.
Coad a victim of domestic violence
Judge Kudelka accepted that Coad was a victim of "violent, coercive and controlling behaviour" at the hands of her husband, even though Capper had not been charged with those offences.
The couple met at the age of 22 and married in 2016.
The court heard Coad told psychologists Capper was violent towards the baby and would spit on him.
Judge Kudelka said Coad was rarely allowed out of the house, and when she was it was always in Capper's company.
The court heard Coad told Capper that the baby "looked so sick, he was on death's door" and that she was terrified.
"In the weeks leading up to September 2018, you say you knew something was not right with [the baby…] Mr Capper would not let you leave the house," Judge Kudelka said.
"You said to him that [the baby] needed a doctor but he denied it, saying he was fine.
Capper denied the allegations of domestic violence.
Children's bedroom left in 'appalling state'
Judge Kudelka also said the children's bedroom was in an "appalling state" but that the master bedroom — where Capper and Coad slept — was "immaculate".
"I can tell you it's distressing to even describe it," she said.
"There were rodent faeces in the room and cobwebs on the walls; the room had a vile smell of rotting food, vomit, faeces and dirty nappies.
"The children were asleep on top of old food in the bed, which was covered in stains."
Judge Kudelka sentenced Capper to four years and seven months in prison, with a non-parole period of two years and four months backdated to October last year so that he could engage in rehabilitation programs in the community.
But Judge Kudelka spared Coad from jail, suspending her sentence of three years and nine months.
She will be subjected to a three-year good behaviour bond and will be under the supervision of community corrections for two years.
