Squalid house dad shut off senses: judge

The Melbourne house where a five-year-old boy lived until he died after cutting his foot on a tin can was so filthy it would make anyone gag, a judge says.

The Melbourne house a five-year-old boy spent his short life in was so squalid a judge said he couldn't see how anybody could perform basic tasks in it without having to suppress a gag.

The boy died after cutting his foot on a cat food tin discarded in the home which was littered with rotting and spoilt food, mould, faeces and broken furniture.

Victorian County Court Judge Michael Rozenes said the boy's father, who worked in a normal job that paid $160,000 per year, must have shut off his senses when he entered the house.

"There isn't a single square inch of that house where anyone can do that (perform daily tasks) without having to suppress a gag," Judge Rozenes said at a plea hearing on Wednesday.

The boy's cause of death could not be determined but Crown Prosecutor Susan Borg told the court it could have been tetanus or botulism.

Toxic gas produced by rotting food also could have been a factor, Ms Borg said.

Defence lawyer Hilary Bonney said the mother and father, who both pleaded guilty to two charges each of reckless conduct endangering their two sons, suffered from mental health issues.

The mother, who died earlier this month, in particular was delusional and suffered from alcoholism, Ms Bonney said.

The father left the child-rearing to her and told police he believed the five-year-old attended kindergarten and his other son, now 10, went to school, Ms Bonney said.

Neither attended school nor kindergarten and the youngest, who was born in the house, was never taken to a doctor and his birth was not registered, the court heard.

Ms Bonney said the father was scared to stand up to his "mad" wife and feared she would take away his sons.

"He felt he couldn't combat her," Ms Bonney said.

"(He) was desperately holding on to his wife and his children."

Ms Borg said the man had turned a blind eye to what was happening.

She said the father went out into the real world to work then returned to the filthy conditions but did nothing.

"He did nothing to help those children," she said.

She said he told police he did not feel responsible following the death and he and his wife had dedicated "a big chunk of their lives" both financially and emotionally to their sons.

Ms Borg said she did not believe it was necessary to impose an immediate jail term on the man, while the defence asked for a suspended sentence.

Ms Borg said the man has not seen his oldest son since the five-year-old's death and losing the boys was punishment in itself.

The man, who broke down during the court hearing, will remain on bail until he is sentenced on November 27.


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