Woman loses appeal after throwing boiling water on man

THE Queensland Court of Appeal has upheld a Toowoomba woman's manslaughter conviction for throwing boiling water on a 70-year-old man.

Lawyers for Peggy Louise Wyborn, 32, tried to argue on appeal that the burns Neil McCarthy suffered were not connected to what eventually caused his death.

Justice Cate Holmes said, in a written judgment, that the Court of Appeal did not find any miscarriage of justice and ruled the verdict was not unreasonable.

"The argument was, in essence, that the chain of events leading to Mr McCarthy's death was, on the evidence, unique and hence was not foreseeable," she said.

"However, there were apparent from the evidence, other scenarios in which severe burns might prove fatal.

"In my view, it was open to the jury to be satisfied beyond reasonable doubt of the general proposition that the death of an elderly man to whose face scalding water had been applied was a foreseeable outcome.

"It was, correspondingly, open to the jury on all the evidence to be satisfied beyond a reasonable doubt of the appellant's guilt of manslaughter."

During Wyborn's sentence earlier this year, Brisbane Supreme Court heard the hot water burned Mr McCarthy's face and airways which required immediate medical intervention and hospitalisation.

Medical experts testified that treatment included immobilisation which led to deep vein thrombosis in his legs.

Blood clots dislodged and moved to his heart and lungs, leading to his death.

Wyborn was sentenced to serve three years of a seven and a half year jail sentence.


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