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.

Three Year Old Killed in Lalor

A three year old boy died in the back of a car boot.

Crime:  Manslaughter
Occurred:  4 March 2010
Sentenced:  2 February 2011
Where: Lalor area
Convicted:  Gursewak Dhillon
Victim:  Gurshan Singh

What happened?
Gursewak and his family lived with another family at 28 David Street in Lalor.  At around 11.30am on a Thursday morning, he opened a door without realising that Gurshan Singh, a three year old son of the other family, was on the other side.  The door struck the boy in the head and knocked him unconscious.  Gursewak, who had outstanding immigration violations, was scared that he would get in serious trouble from migration authorities if the police or ambulance attended the house.  He put the boy in the boot of his car and drove around the area for two hours, in which time the Gurshan either suffered from fatal heatstroke (the boot would have reached temperatures over 40 degrees Celsius) or asphyxiated.  At one stage Gursewak drove past the Northern Hospital but did not stop in.  He eventually ran out of petrol and flagged down a lift to the petrol station from a motorist while the boy remained in the boot. At this stage he checked the boot to see that Gurshan was no longer alive.  He dumped the corpse in long grass at Oaklands Junction, near Melbourne Airport.  A truck driver discovered the body at 6:20 that same evening.  Meanwhile, Gursewak returned to David Street where he denied any knowledge of the boy's whereabouts until three days later.

Gurshan and his mother

Victim's background
When Gurshan was discovered missing, a statewide campaign was launched to look for the three year old child.  When he was struck by Gursewak his mother was in the shower and his father was at the local library.  Since arriving in Australia two months beforehand, Gurshan was at times sick from the Melbourne heat.  On the day of his death he had not eaten anything.  His parents expressed their devastation through a victim impact statement which was considered in the judge's sentence.  They have returned home to India.


Convicted's background
Gursewak was 24 years old when he killed Gurshan.  He grew up in India and came to Australia on a student visa in 2006.  Gursewak did not complete his studies (which may have led to his immigration problems) and found work as a courier and taxi driver instead.  His wife and daughter lived with him in Melbourne for a time but are now in India.  

28 David Street Lalor where the initial incident occurred

Outcome of trial: Gursewark pleaded guilty before his committal hearing so a trial was not necessary.  He did not apply for bail while awaiting sentencing.




Sentence:   Three years before eligible for parole (five years max).  He has already served nearly one year of his sentence in remand.  Upon being freed he will be deported back to India.

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

Where the body was found