Cwaczko, Xaviyah Dre - Non-inquest findings
Deceased
Xaviyah Dre Cwaczko
Demographics
3y, male
Date of death
2014-01-22
Finding date
2016-04-04
Cause of death
Hypoxic ischaemic encephalopathy as a consequence of near drowning
AI-generated summary
A 3-year-old non-swimmer, Xaviyah Cwaczko, drowned while in the overnight care of a family friend. He gained unsupervised access to an in-ground swimming pool when a safety gate was deliberately propped open with a metal bar (to allow dogs access) and sliding door latches were not secured. The caregiver, a mature parent, fell asleep on the lounge while supervising and was unaware of the open gate. Xaviyah suffered hypoxic-ischaemic encephalopathy and brain death. Clinical lessons: this was completely preventable with adequate supervision, secured pool access, and awareness of known hazards. The coroner emphasised that pool safety requires multiple barriers—secured gates, latched doors, and vigilant supervision. Police determined the caregiver did not meet the criminal threshold for gross negligence, though the death was entirely avoidable.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Contributing factors
- Pool gate deliberately propped open with metal bar to allow dog access
- Lack of supervision of young non-swimmer
- Unsecured sliding door latches
- Caregiver asleep while responsible for child
- Pool gate not closed at any point during child's overnight visit
- Non-compliant pool fencing and safety features
- Active, determined child able to physically reach door latches
Coroner's recommendations
- Reinforce the message of tragic loss of young lives in swimming pools, particularly when gates have been propped open and vigilant supervision is lacking
- Consideration of new offences for intentional breaches of pool safety where death or serious harm occurs (matter pending Queensland government interdepartmental committee report on pool safety)
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