A man who pleaded guilty to assaulting a four-month-old child was sentenced to 12 months in prison by the District Court on 10 January 2013. The judge suspended the final three months for two years on a €500 bond.
The prosecution was brought by Garda GC under section 246 of the Children Act 2001. The judgment says the Director of Public Prosecutions consented to summary disposal and that the defendant’s solicitor entered a guilty plea on his behalf.
The court said the child suffered skull fractures, ischemic brain injury and retinal haemorrhages. Citing a consultant rheumatologist, the judgment said the injuries would have long-term effects on the child’s development. The judge described the offence as among the most severe contemplated by the section, taking account of the child’s age and vulnerability.
In sentencing, the judge identified the injuries, the child’s age, the defendant’s initial misinformation to hospital staff about how the injuries occurred, and their lasting effects as exceptional circumstances warranting the maximum sentence. The judge also considered the guilty plea and mitigation submissions. These included that the defendant accepted responsibility, had himself experienced a difficult childhood and had been in the child care system. The court was also told that a custodial sentence would affect him given his previous experiences of institutions.
The judgment records that the court was informed of the defendant’s previous convictions, including sexual and physical assault, and of concerns about impulse control and remorse. It also states that prior convictions would not ordinarily determine the gravity of the present offence.
The judge rejected community service as an appropriate alternative in the circumstances. The remaining three months of the prison sentence were suspended for two years on a €500 bond. The court set recognisance at €750 on the defendant’s own bond in the event of an appeal.