Baby Died in Glenroy Driveway

A ten month old baby died inside a closed car on a warm day.

Crime: Manslaughter

Occurred:  5 November 2011

Where: Glenroy

Sentenced: 12 February 2013

Convicted: Michelle Nguyen 

Victim:  Thy Tran

What happened?
At approximately 11:30am on a warm spring Saturday, 20 year old Michelle Nguyen took her two daughters, Thao and Thy, for a drive around the neighbourhood so that they would fall asleep.  When Michelle arrived back at her friend's house, Thao awoke and Michelle took her inside, leaving Thy inside the car to sleep.

A little later, Michelle checked on her baby, made sure she was still asleep, and then shut the car door without leaving the window down.  The temperature outside was 28 degrees celsius.  During the next few hours, the temperature inside the car reached almost 49 degrees. Meanwhile, inside the house, Michelle fell asleep watching tv.

At 2pm, Michelle awoke and checked on her baby to make the horrific discovery that her child was dead.  Michelle moved the baby inside, rang emergency services and tried to resuscitate her with no success.  When paramedics arrived, Michelle initially stated that her child had died inside the house, but this story did not add up; even deceased, Thy's temperature had a reading of over 41 degrees celsius.  Later she admitted to police that the death had occurred inside the car. Thy died from hyperthermia.

Victim's background
Thy Tran was a 10 month old baby when she died.  Her father was in prison at the time of her death.

Convicted's background
Michelle's mother was 14 when she had Michelle in Australia.  Both of Michelle's parents were heroin users and split up when Michelle was 11.  She has one half-sister.  She attended Marion College in Sunshine West until Year 10 and later began a hairdressing course at Vic Uni.  Around this time, she entered into a relationship with a heroin trafficker 12 years her senior.  She had her first child at 17 by accident and had her second daughter, Thy, when she was 19.  Shortly after Thy's birth, Michelle's partner was imprisoned for drug related offences.

At the age of 16, Michelle became a regular user of ice and methamphetamine and developed a heroin addiction.  While pregnant she moved onto alternative therapies and participated in a specialist program at Sunshine West for drug dependent expectant mothers.  After her children were born she resumed using heroin.

At the time of Thy's death, Michelle was not enjoying a good relationship with her mother and was staying at a friend's house who provided a mattress to accommodate Michelle and her two daughters.  In the time leading up to her baby's death, Michelle had been warned by several individuals to be careful about leaving her in the car alone.

Shortly after her baby's death, Michelle's partner was released from prison, and was allegedly physically abusive towards Michelle and destroyed her possessions until she broke off contact with him.

Michelle had no prior convictions when sentenced.

Michelle Nguyen in Court (source).

Outcome of trial: Michelle pleaded guilty so a trial was unnecessary.

Sentence: Nine months minimum before eligible for parole, four years maximum.

You can read the judgment here.  News articles are available here, here and here.

Glenroy Man Beaten and Set Alight

A 48 year old man was beaten in his boarding home and later set alight.

Crime:  Intentionally causing serious injury (victim later died)
Occurred:  8 March 2009
Sentenced:  2 February 2011
Where: 116 Loongana Avenue, Glenroy
Convicted:  Darryl McHarg and Wayne Arthur
Victim: Shaun Moloney

What happened?
Darryl McHarg and his girlfriend, Wayne Arthur and Shaun Moloney all lived in a boarding house together.  Darryl and Wayne formed the belief that Shaun had sexually assaulted Darryl's girlfriend's son (although there was no basis for this belief).  They entered his room in the early hours of 8 March and, after a heated argument, beat him unconscious, punching him in the abdomen, face and head.  Believing him to be dead, they put him in the back of a car and drove him out to an empty suburban block in Strathmore and set him on fire, this act ultimately killing him.  At the time of the attack Shaun had a blood alcohol reading of 0.51% and the pathologist speculated this also could have contributed to his death.

Shaun Moloney shortly before his death

Shaun Moloney in 1987

Victim's background
Shaun Moloney was 46 years old when he was killed. He used to work for Ansett and travelled the world.  Following the death of a close friend he spiralled into depression.  He was known to frequent pubs around the Pascoe Vale area and was described by an investigating police officer as someone who 'certainly...liked a beer'.  Described by family as friendly and generous, he lived on a disability pension but freely loaned people money.

Wayne's background
Wayne was 49 at the time of the attack.  He was raised in Melbourne and had three siblings.  He caught meningitis as a child and developed treatment-resistant epilepsy, which contributed to his social isolation in adulthood while he lived on a disability pension. He had one previous conviction for intentionally or recklessly causing injury and resisting police. He is single with no children.

Darryl's background

Darryl was 30 years at the time of the attack.  He was born to a 16 year old mother and his father was killed in a motorcycle gang fight when Darryl was six.  At the age of three he was a subject in pornographic photographs and was sexually abused throughout the rest of his childhood.  His list of abusers included his grandmother.  He left school before completing Year 8 and began using a range of drugs including heroin.  He has a series of prior convictions in three different states including assault, threatening to kill, carrying a controlled weapon and motor car offences.  It is believed his history of sexual abuse contributed to his irrational belief that Shaun had been sexually abusing Darryl's girlfriend's son.  Darryl has one daughter, who was born after his fatal attack on Shaun.

Outcome of trial: There was no trial because both men pleaded guilty to intentionally causing serious injury. It is believed it would have been very difficult to convict the men of murder because they thought Shaun was already dead when they set him alight.  Another theory is that the causal connection between the fire and the death could not be established because it was also possible the high alcohol content in Shaun's blood killed him.  In any event, as a private agreement between the prosecution and defence, we may never know why this deal was made.

Sentence:  Both offenders received three and a half years imprisonment until eligible for parole (max six and a half years).  They have served about 18 months of their sentence while in remand.

You can read the judgement here.  Media coverage is available here and here.