Babsitting dad jailed for fracturing skull of 6-week-old child (Terrace, British Columbia, Canada)

UNNAMED DAD is just another father who couldn't handle infant care. He was babysitting his 2-year old and his 6-week-old infant when Daddy got "overwhelmed" and "frustrated" because the 2-year needed something while the baby was crying. Too much overload for the paternal mind! So he violently shook the baby, and struck the baby's head against a dresser. The baby suffered TWO skull fractures--one on each side of the head--and developed brain bleeding. It is likely that the baby will have lifelong physical and mental disabilities as result.

Meanwhile, Daddy will serve a 2-year jail sentence for aggravated assault. But with credit for time served, it comes out to 83 days. That's showing how tough we are on father child abusers! Less than 3 months for a life time of damage. Whadda deal.

http://www.bclocalnews.com/bc_north/terracestandard/news/90658774.html

Father put in jail for shaking baby

Published: April 13, 2010 11:00 PM

SHAKING A baby has netted a man a lengthy sentence with a long probation to follow.

The man, who has been in jail awaiting trial for nearly a year, was handed a sentence of two years less one day and 30 months of probation on one charge of aggravated assault from Judge Calvin Struyk in provincial court April 9.

With his time in custody before trial adding up to 323 days, the man received credit for 646 days. That’s because of the principle that each day spent awaiting trial is worth two days of a sentence when and if the person is found guilty.

It means the man will spent another 83 days in jail to fulfil his sentence.

On May, 22, 2009, the man was watching his two-year-old while holding his six-week-old, Struyk told court in reviewing evidence before sentencing.

The six-week-old child started crying and wouldn’t stop despite the man’s efforts to console the child, court heard.

His other child needed his attention and he became overwhelmed and frustrated and shook the six-week old, who struck its head on a dresser, court heard.

At hospital, medical staff determined the child suffered two skull fractures, one on each side of the head, and bleeding on the brain, court heard.

The child will almost certainly suffer lifelong physical and mental damage, said Struyk.

Struyk noted that the man had suffered abuse at the hands of his father while growing up, may have signs of fetal alcohol spectrum disorder and community problems such as alcoholism, violence, suicide had affected himself and his parenting abilities.

Mitigating factors were that the man did take the child to hospital shortly after the incident and he was cooperative with the police.

Other mitigating factors were that he entered a guilty plea, although not at his earliest opportunity, which did avert the cost and time of a trial, and he had expressed remorse and sought help, court heard.

Aggravating factors included the severe physical and cognitive damage that the six-week-old suffered from the head injury, that the child was helpless and powerless to stop the assault, that the child was left in his care and that he abused a child under age 18, court heard.

Sentencing considerations indicated that there were two distinct types of assault against a child: on one side, the person applies force with, if not the intent or the expectation, the indifference to any injury suffered by the child or that the parent was immature and unskilled in child care and acts out of impatience or emotions and is not aware that the child will be injured, court heard.

“I am of the view [this case] falls closer to someone unskilled [in parenting] and who acts out of frustration,” said Struyk.

“I do note that [the accused’s] background that would alert him to the seriousness of assault.”

Crown Counsel Barry Zacharias had asked for a jail term of two to three years but if more than two years is imposed then the option of probation afterward is eliminated, said Struyk.

Probation offers a chance for rehabilitation and reintegration into society, court heard.

“Society would benefit from at least an attempt [to rehabilitate and reintegrate the accused,]” said Struyk.

Once on probation, the man must have no direct or indirect contact with the child unless in the presence of a sober adult who’s aware of his probation terms and with the permission of the child’s legal guardian, ordered Struyk.

He must immediately leave the presence of the child if requested to do so by the guardian and not return to his presence until allowed by the guardian, said Struyk. He is to take counselling arranged by his probation officer.