Supreme Court
Decision Information
Summary: Accused is 25 year old father of prematurely born twins. One twin develops medical problems. Father admits that he shook the baby out of frustration and anger when the baby was crying. Baby sustains multiple rib fractures, a fractured left writs, fractured right tibia, fracture of the left fibula and fracture of one of his toes. Court considers that the accused is immature and unskilled in the matter of child care, has served seven and a half months in pre-trial custody, is an aboriginal offender, he shows genuine emotions of sorrow, remorse and hopelessness, and has little formal education. Court also considers that following the discovery of one injury to the baby, the father must have been aware he could easily injure the baby again by shaking it again, and that he has a criminal record which includes several crimes of violence. Court finds that the primary sentencing objective in this matter must be the protection of vulnerable children, that child abuse, whether caused intentionally, recklessly, or out of frustration and anger must be condemned.
Decision: Sentence determined - 12 months imprisonment, follwed by 24 months probation ; 10 years firearm prohibition
Subjects: Criminal law - Assault - Assault causing bodily harm