A MOTHER who starved her baby while using ice appears likely to avoid serving jail time.
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The former Border woman, who can't be identified to protect the young victim, was to be sentenced in Albury Local Court on Monday.
Magistrate Rodney Brender said he was considering a suspended sentence after the woman failed to properly care for the child, placing it at risk of death.
But he wants to see a mental health care plan from her doctor before making a decision.
The infant weighed just 3.18 kilograms – barely above his birth weight four months earlier – when the mother came to police attention following a March domestic violence incident.
The child was so emaciated, bones stuck out from underneath his wrinkled skin.
Hospital tests showed the mother had both speed and ice in her system.
Defence lawyer Joe Blackshield said the woman had herself been a victim of physical and sexual abuse while growing up.
More than 20 reports were made to child protective services during her youth, he told the court.
Mr Blackshield asked magistrate Rodney Brender not to send his client to jail.
He said while it was a "very serious offence", it had occurred during a tumultuous period of domestic violence and drug addiction.
"It was a situation that spiralled out of control," he said.
"She has been clean from drugs for some time."
Documents showing clean drug tests were tendered.
But prosecutor Shannon Lewis said the prison threshold had been crossed and urged Mr Brender to consider the vulnerability of the young baby.
The woman's three children were taken off her following the incident, but she can have supervised contact with them.
There are still legal proceedings pending about access to the children.
The woman’s partner at the time also fronted court on Monday for sentence on the same charge of failing to provide for the child, causing a risk of death.
He has been in jail in recent months for matters including breaching parole.
The court heard the man, who was twitching and shaking during the appearance, had a serious drug problem and had also been abused as a child.
He swore when told the matter would be adjourned.
Both will be sentenced on Thursday.