Teen has charges dropped in Mason Lee child cruelty case

A teenager who was living in the house at the time Caboolture toddler Mason Lee died has been set free.

Ryan Hodson was ready to enter a plea to child cruelty this morning in the Supreme Court, after his charge was downgraded from manslaughter.

But Justice Jackson indicated that accepting the plea would set a dangerous precedent for every child living in a household who isn’t a victim’s lawful carer.

The court heard the then 17-year-old was present at the home on the day Mason died on June 11, 2016.

An autopsy later found the 21-month-old boy was delivered a blow to his stomach that ruptured his small intestine.

Mr Hodson was homeless and had been living in the house as a boarder.

"I have expressed no view about morality, no view about responsibility," Justice Jackson said.

"You could say easily that he (Mr Hodson) is foul-mouthed, he is uncaring, he is irresponsible.

"His speech indicated that he responded in a nasty manner.

"But it is not being said, that he in fact physically in any way, or purposefully hurt this child, or that he has assumed responsibility for it. He was a boarder."

The Crown had been pursuing the child cruelty charge. But in order to prosecute Mr Hodson on that charge, Mason would've needed to be in his "lawful care".

"There's no statement that he ever agreed to take care of Mason Lee. No statement that he ever did anything for Mason Lee, like change his nappy or making his bottle… They don't look like a case of lawful care," Justice Jackson said.

Crown Prosecutor Vicky Loury tried to argue the point.

"The basis on which I say he has lawful care of charge is… he was an adult alone with the child."

"He was not an adult," Justice Jackson rebuked.

"This is critical, and it's time people started talking in legal language that is accurate. He is not an adult. He is a child in the house, alone with Mason Lee."

"Yes, but of an age where he is capable of taking responsibility for a very small child," Ms Loury replied.

"You say because he admits it that’s good enough? It doesn’t add up in law and that is wrong," Justice Jackson said.

On that basis, the charge against the 18-year-old, was dropped.

After spending more than 400 days in jail on the two different charges, Mr Hodson walked free, just three days out from his 19th birthday.

Being a witness in the cases against the child’s mother, Anne Maree Louise Lee, and stepfather, William Andrew O’Sullivan, Mr Hodson wasn’t able to speak to waiting media as he left the court.

Ms Lee and Mr O’Sullivan are still facing charges of manslaughter. Ms Lee is trying to apply for her case to be heard on a judge-only trial, which will be heard in August.