Daughter who made her elderly mother go to the toilet in a hole on the COUCH and lie in her faeces learns her fate

Horrific details of how a woman died from lack of care in her filthy home, covered in faeces and sores and using her sofa as a toilet, have been detailed in court.

Julie Lynette Delaney shakily told the court she regretted her actions after her mother, Noelene Delaney, was found dead in her squalid Pimpama home on the Gold Coast in September 2020.

“I am so sorry for what I did,” she told the Brisbane Supreme Court shortly after pleading guilty to manslaughter.

But even with the plea, Delaney won’t spend any more time in custody.

Instead, she walked free with a five-year suspended sentence hanging over her head after a judge ruled that putting her back in custody would be detrimental to her recovery.

Delaney, 61, was the primary caregiver for her 82-year-old mother at the time of her death.

Her son, who was not accused of any wrongdoing, helped care for Noelene by paying bills, taking her and Delaney to and from appointments and delivering groceries.

Noelene required 24-hour supervision and care and regular medical appointments, including occupational therapy and physiotherapy.

The court was told Delaney had missed aged care support group BlueCare and Gold Coast University Hospital regarding physiotherapy appointments for her mother.

On September 18, 2020, Delaney and her son exchanged messages about Noelene’s condition.

Among them was Delaney telling her son that she couldn’t get her mother up, that she was “dead weight” and mumbling.

Crown prosecutor Caroline Marco said another had asked her son for “help” at 3.30pm.

She told the court Delaney’s son arrived at Noelene’s Pimpama home to find the “frail and malnourished” 82-year-old struggling to breathe, covered in faeces and making groaning noises.

Emergency services went to the home later that evening.

“(Noelene) was unresponsive and semi-conscious,” Ms Marco said.

‘Queensland Ambulance Service officials noted she was cold to the touch, gasping for breath, non-verbal and flailing her limbs.’

The court was told there was a ‘strong, putrid smell’ coming from the house, which was reportedly covered in faeces.

Police discovered that the sofa Noelene was sitting on had been converted into a toilet – with a large hole containing feces, urine and dirty towels.

Mrs Marco said Noelene would spend several hours a day on the sofa.

More soiled clothing, bedding and towels were found in the bedroom.

“There was no fresh food, vegetables or fruit in the house,” Ms Marco said.

Noelene’s cause of death was determined to be due to sepsis caused by malnutrition, but other conditions included ulcers, Alzheimer’s disease and high blood pressure.

She weighed only 49.6 kg.

Ms Marco said Delaney told police she did not abuse her mother and that she cleaned the hole in the sofa every day.

Delaney admitted that caring for Noelene was “a handful at times,” but she never thought she couldn’t care for her.

She claimed that on the day of her mother’s death, she went to a doctor’s appointment and returned home to find her unconscious. She told police she had cleaned her mother “out of respect” for the deceased.

When asked if she thought she had done the right thing, Delaney replied: “Not really, I know I filled it up a bit.”

Delaney’s criminal responsibility consisted of failing to obtain appropriate medical attention when her mother’s condition had clearly deteriorated, Ms. Marco explained.

“It wasn’t a temporary lack of judgment,” she said.

Delaney’s legal aid lawyer argued that her client had shown remorse for her offending.

The court was told that doctors believed Delaney suffered from schizophrenia and showed ‘borderline cognitive functioning’ with deficits ‘across the board’.

The 61-year-old did not appear to be ‘aware of her limitations’ in her functioning and had difficulty planning.

This meant that she did not have the cognitive resources or motivation to arrange medical care for Noelene.

Delaney’s lawyer said her client received support through the NDIS and volunteered with a community support group in the Gold Coast.

“Ms. Delaney herself needed her mother’s help to raise her son,” her attorney said.

Supreme Court Justice Melanie Hindman said Noelene’s life ended in a way no one would want, and that Delaney did not appreciate the level of care her mother required.

“She must have been in a lot of pain leading up to and on the date of her death,” Judge Hindman said.

‘It is a tragedy that it was not previously recognized that you were not the right person to care for your mother at that stage of her life.’

She sentenced Delaney to five years in prison, but declared the 82 days she spent in custody as time served.

The sentence was suspended for five years.