A man who assaulted a two-year-old child and then turned on the mother was sentenced in the Griffith Courthouse on Thursday.
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The 22-year-old man received a 13-month suspended sentence for assault occasioning actual bodily harm and a seven-month suspended sentence for common assault from Magistrate Erin Kennedy, who appeared via video-link from Wagga Local Court.
According to Magistrate Kennedy’s sentencing remarks the man had lost control, throwing a book at the child’s “little vulnerable head” and causing lacerations and bruising.
In her sentencing remarks Magistrate Kennedy said there were a number of aggravating factors putting the offences on the serious end of the scale.
“Not only was the child two years old, but another who was four was present at the time of the assault,” she said, saying that child’s evidence at the man’s hearing had been significant.
“You were clearly in a position of trust.
“It doesn’t get more serious.
“These children could not remove themselves from the situation, they had no power.
These children could not remove themselves from the situation, they had no power. You had all the power.
- Magistrate Erin Kennedy
“You had all the power and they trusted you, I am sure they loved you.
“What then unfolded was an assault of their mother.”
It was a situation where Magistrate Kennedy said the issue of general deterrence, of telling everyone in the community this kind of thing was never acceptable, was “massive”.
Taking into account the man’s troubled past, history of substance use and mental health issues, yet lack of a violent history - combined with the remorse he had shown for his actions and his potential for rehabilitation, Magistrate Kennedy decided to suspend the man’s two sentences.
However, she said her reflection of a custodial sentence for the man’s actions reflected the seriousness of the assault. “You are someone who must change,” she told the man.