A judge told 27-year-old Orsolya-Anamaria Balogh that he accepted that at the time the balance of her mind had been disturbed by the affect of giving birth.
Miraculously a cleaner found the tot by chance in the nick of time and despite having had tissues stuffed into his mouth, he quickly recovered after being given oxygen and has escaped unscathed from his ordeal.
The new mum was later tracked down by police and after initially claiming she had not given birth, following examination by a midwife she then admitted it and said she had not known she was pregnant until she actually gave birth in the toilet cubicle.
Sentencing Balogh, formerly of Platt Bridge, Wigan, Judge Neil Flewitt, QC, said that two consultant psychiatrists agreed that at the time she suffering from a disassociative disorder and was in denial about being pregnant.
Liverpool Crown Court heard that she went to Wigan Hospital accident and emergency department on July 5 last year complaining of vomiting and stomach and abdominal pain. She denied being pregnant and was asked to remain in the waiting area to be seen.
“Shortly after 8.30 pm you went into the toilet cubicle and remained there until just after 10 pm at which time you left the hospital,” said Judge Flewitt.
“While inside the toilet cubicle you gave birth to a baby boy. You cut the umbilical cord and forced a number of tissues into his mouth so as to block his air way and then placed the baby in a black plastic bin liner within the bin within the cubicle.
“It was about 11.40 pm when the baby was found by cleaning staff… When the baby was recovered he was a dusky blue colour indicative of a lack of oxygen. It was at the opinion of medical staff at the hospital that if the baby had not been found when he was he would have died.
“Thankfully the baby not only survived but is also now thriving.”
The court heard that when she was taken back to the hospital, an examination confirmed she had just given birth, she said that the baby had not been breathing and was dead.
Judge Flewitt said that there was considerable doubt over her claims that she had not known she was pregnant as it was later discovered she had made internet searches about pregnancy and home births.
“This was considered by both consultant psychiatrists who agree the most likely explanation is that you were in denial about being pregnant, disassociating from the whole experience including at the time of giving birth.
“Both agree at the time you attempted to kill your child the balance of your mind was disturbed by reason of not having fully recovered from the affects of giving birth,” said Judge Flewitt.
He said that the baby is currently in foster care and the subject of family court proceedings. The father intends to take his son to Romania and Balogh has had supervised contact with the child which it is intended will continue.
He said, “The actual harm caused by your actions was minimal although the harm intended was great.”
But he pointed out that in a ten year period there were 59 cases of infanticide but not one resulted in a prison sentence.
The court heard Balogh, a Romanian, who admitted attempted infanticide, had spent the equivalent of 12 months imprisonment while on remand at Styal prison.
The judge imposed a 12 month community sentence with ten days rehabilitation activity and spending the next three months at a bail hostel in Leeds.
“I would not want to hinder the relationship with your child albeit in controlled and supervised environment. If I were to prevent such contact that may not be in the best interest of the child whose entry into this world and start of life occurred in such dramatic circumstances,” he said.
He told Balogh, who has no previous convictions, that if the child goes to Romania with his father during the community order she could apply to him for the restrictions of the the order to be removed.