The parents of three Perth children are facing a possible jail term for giving them excessive doses of strong, prescription-only pain medication that meant the youngsters "pretty much slept" for years of their lives.
The couple, who cannot be named to protect the identity of the children, had pleaded guilty to three charges of "engaging in conduct that was reckless and may have resulted in the child suffering".
The District Court was told the offences were committed over eight years after the children were diagnosed with Ehlers-Danlos Syndrome, which affected the connective tissue in their bodies.
The couple's daughter was aged between seven and 14 at the time of the offending, while one of their sons was between five and 11, and the other between nine and 11-years-old.
Children led to believe they were in severe pain
While the children did actually suffer from the syndrome, they were made to believe that they were in severe pain, and were administered doses of opiates medication that were excessive and, in some instances, not prescribed to them.
They were treated by medical professionals at the now closed Princess Margaret Hospital and subsequently Perth Children's Hospital, but at times they also presented at other emergency departments when the mother demanded more medication.
On at least one occasion, the mother was told to stop giving the drugs to her daughter.
Years later, in 2020, the mother was seen by a doctor to inject her daughter with a drug from a bag she referred to as the "Alice in Wonderland bag".
That caused concern and the doctor reported them to the authorities, which led to a police investigation.
Addicted to pain medication
At that time, the children all used wheelchairs, were addicted to the pain medication, and were being home-schooled.
However, prosecutor Paul Usher said now they had no need for wheelchairs, were all medication free and no longer complained of pain, and were going to school where they participate in sports.
As the couple's two sons, who are now teenagers, watched proceedings from another room via a video link, the court was told the children are now in state care.
Mr Usher said the parents were still able to have contact with them but sometimes the children chose not to attend the meetings.
Children 'slept through years of their life'
While the medication was largely administered by the mother, the court heard the father was guilty of the offences because he was reckless in allowing his wife to continue to be responsible for the children's medication.
Mr Usher submitted an immediate jail term was the only appropriate penalty, with Judge Carmel Barbagallo saying the offences were "extremely serious".
"The children pretty much slept most of the time," Judge Barbagallo noted.
"These children were totally in need, totally vulnerable they pretty much slept through years of their life.
"These young children, for years, have been disabled further … because they've basically been made comatose with drugs."
Father unaware of medication abuse, court told
The father's lawyer, Elizabeth Needham, said her client's involvement with the children was limited because his wife was responsible for their day-to-day care.
Ms Needham said the mother also suffered from Ehlers-Danlos syndrome and so the father relied on her experiences with the disorder to determine how to deal with the children.
"Simply what was normal for her, was also normal for the children," Ms Needham submitted.
However, she said the father was unaware his wife was giving the children excessive doses of drugs, and medications that were hers.
"It has only been in working through, dealing with the issues … and learning more about how it affected the children, that he first became extremely remorseful and angry with himself for not taking a greater interest in the children," Ms Needham said.
"He feels he ought to have asked more questions."
Ms Needham pointed out that the children were not heavily medicated all the time and were not in wheelchairs permanently.
She also said they were involved in sports, such as wheelchair basketball.
The man was described in court as being passive, lacking self-esteem and not self-assertive, while his wife was said to be a strong character and "a force to be reckoned with".
Mother tried to protect her children from pain, court told
Barrister Andrew Hoare represented the mother and submitted the "catalyst for the offending" was his client "reacting to reported pain from her children".
Mr Hoare said the mother's perception was a genuine one and based on her own experience with the disorder.
"She has lived with it and lived with it with the use of painkillers, and she's transferred that onto her child," Mr Hoare said.
"It was my client's personal experience with pain and not wishing that on her children."
Mr Hoare urged the judge to impose a suspended jail term, saying his client had significant health problems, and if imprisoned would not be able to access pain medication when needed.
Judge Barbagallo renewed the couple's bail but warned them that ordinarily such serious offences resulted in an immediate jail term.
They will be sentenced in late February.
