The decision, reached by a psychiatrist after studying the woman, means the 30-year-old mother will be sent to prison and not a psychiatric hospital.
Much of the prosecution was built on information the mother gave police. She testified during the trial that she was present during several of the assaults against her son, but only because she was forced to be there. She said she couldn’t say no to the man and couldn’t manage to take her son and flee from him.
The court ruled in its decision that she was guilty of the same crimes as the man, and therefore did not deserve a lesser punishment.
According to the boy’s autopsy, Bobby died of choking, after his stomach contents ended up in his lungs.
The district court in Eksjö convicted the mother and her male partner to 10 years prison each for the 2005 death. Both appealed their case. The appeals court case will begin on August 14.