A Melbourne court has been informed that Benjamin Joseph Swann, currently serving a 13-year sentence for child homicide, will admit guilt in a separate case of recklessly causing injury to another individual. The 31-year-old former carpenter appeared before Magistrate Kieran Gilligan where prosecutors confirmed the resolution of this additional case.
The assault incident occurred on January 6, 2024, in Manor Lakes—merely 13 days before Swann fatally injured 115-day-old Elijah, his former girlfriend’s newborn son. During Thursday’s proceedings, the prosecution withdrew four charges, leaving a single count of recklessly causing injury to which Swann will formally plead guilty during a May hearing.
Swann received his current sentence in November after admitting to the January 20 homicide of premature infant Elijah, who had spent most of his brief life hospitalized. Justice James Gorton described how Swann, attempting to establish himself as a ‘father figure,’ was caring for the child when he inflicted fatal blunt force trauma to the infant’s head in a moment of frustration.
The court previously heard that Swann responded to the child’s distress by violently assaulting him, then attempted to shift blame onto the infant’s mother while showing no remorse. Justice Gorton characterized the killing as ‘a serious instance of this serious offence’ given Elijah’s vulnerable state.
Swann will remain eligible for parole after serving nine years and six months of his current sentence. The separate case will proceed to plea hearing on May 7, where sentencing will be determined for the earlier assault incident.