Man Who Killed Girlfriend’s Baby Admits to Brutal Attack Days Earlier
A Melbourne man, already serving a significant prison sentence for the death of his girlfriend’s infant son, has now pleaded guilty to a violent assault on the child’s mother that occurred just 13 days prior to the baby’s fatal injuries. Benjamin Joseph Swann, 31, was handed a 13-year jail term in November last year for the death of 115-day-old Elijah, his partner’s child, in January 2024.
Swann, who had commenced a relationship with Elijah’s mother while she was pregnant, inflicted fatal injuries on the infant in the early hours of January 19, after staying over to assist with childcare. Appearing via video link in the Melbourne Magistrates’ Court on Tuesday morning, Swann admitted to a separate charge of recklessly causing injury.
The court heard that the prior assault took place on January 6, 2024, at Swann’s home in Manor Lakes, Melbourne. The incident escalated after an argument, during which the woman expressed her desire to leave. Swann’s response was to physically assault her, punching her to the head and body. The attack intensified when he grabbed her by the neck, choking her on the bed.
Prosecutors detailed that the woman experienced extreme fear, believing she was about to lose consciousness when Swann placed a pillow over her face. She managed to push him away and pleaded for him to stop, genuinely fearing for her life.
In his defence, Swann’s lawyer indicated that his client had sought professional help for anger management issues from his general practitioner in the week leading up to the assault. Doctor’s notes reportedly showed Swann admitting his anger had “got worse recently” and was “affecting the relationship with his partner.” The lawyer also highlighted Swann’s stable upbringing and strong work history prior to his arrest following Elijah’s death. It was noted that Swann had spent the majority of his 2½ years in custody to date in protective custody.
Magistrate Kieran Gilligan deemed a custodial sentence to be the only appropriate consequence for the assault. He remarked on the pervasive nature of family violence, stating, “Family violence is a scourge on society… I’m afraid it’s my experience in this court it continues to grow exponentially.”
Swann received a 12-month jail sentence for the assault, to be served concurrently with his existing sentence for child homicide. This means the new conviction will not add any additional time to his overall period of incarceration. Swann is eligible for parole on his child homicide sentence after serving 9½ years.
Family members, including his parents, were present in court to support Swann. He was observed waving to his mother via the video link as the proceedings concluded.
When delivering the sentence for Elijah’s death in the Victorian Supreme Court last year, Justice James Gorton had noted Swann’s stated intention to be a father figure to the infant. The court was informed that around 3 am on January 19, Elijah’s mother asked Swann to feed the baby. Shortly after, she heard a “loud bang” from Elijah’s room. Swann returned to the bedroom and handed the distressed infant to his mother, uttering the words: “Ttake this f–king baby.”
The mother immediately noticed Elijah was having difficulty breathing and called emergency services, while Swann attempted CPR. Tragically, Elijah was taken off life support the following day after suffering a severe traumatic brain injury and significant cranial trauma, which medical professionals deemed unsurvivable. In the aftermath, Swann initially denied any involvement and falsely attempted to implicate the child’s mother to the police. Justice Gorton had acknowledged that Swann’s actions were “unpremeditated, and short-lived, and contributed to by the frustration that all tired parents experience when a newborn baby refuses to settle.” He added, “Elijah was newly born and entirely defenceless.”
