Johnstone was sentenced to two years and six months’ jail for willful ill-treatment of a child and three counts of common assault against his partner Fleur Atkin.

In her coronial report on the circumstances around Bjay’s 2012 death, released on Monday, Coroner McTaggart found that two specific instances of violence had caused the baby die.

Both acts, she said, were perpetrated by Bjay’s father.

At the time of sentencing, Chief Justice Alan Blow stressed that the case did not concern the fatal injuries inflicted on baby Bjay, who was 45-days-old when he died as a result of head trauma.

Law Society president Rohan Foon reiterated that the case had not related to Bjay’s death.

He said the coroner was not making findings “beyond reasonable doubt”, as a judge might.

But he could not see why double jeopardy – whereby one cannot be tried for the same charge twice – would apply in this case, given that the original charges did not encompass Bjay’s death.

Mr Foon said the Director of Public Prosecutions considered all indictable offences.

In Johnstone’s case, such consideration would be subject to a review of the coroner’s findings.

Moreover, Australian Lawyers Alliance spokesman Greg Barns said the burden of proof in a criminal trial was greater than it was in a coronial inquest, and thus Johnstone had a right to a presumption of innocence.

Mr Barns recommended that the public be “extremely circumspect”, rather than call for Johnstone to receive a larger sentence.

“Vengeance is not justice,” he said.

On Tuesday, Commissioner for Children and Young People Mark Morrissey expressed his “deep sadness” regarding Bjay Johnstone’s death, but praised Coroner McTaggart’s report for its “detailed analysis”.

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