"Shaken baby syndrome" case dealt with in Cowra Local Court

A man has been placed on a two year Intensive Corrections Order after failing to have a charge of assaulting a three month old baby dealt with under the Mental Health Act.

The 22 year-old man, who is the father of the child, cannot be named for legal reasons.

Magistrate Don McLennan rejected the man's application in Cowra Local Court on April 5, 2023, to have a charge of assault occasioning actual bodily harm dealt with under the Mental Health Act.

The man's assault on the child was referred to by a doctor, in police documents presented to the court, as "shaken baby syndrome".

"You're very lucky, many children die of being a shaken baby," Mr McLennan told the man.

Police documents revealed the man had "shaken" the baby on June 20, 2022 after attempts to settle the child failed.

According to the documents the man picked up the baby and shook it "forward and back in what he alleges was about eight times".

"This caused (baby's) head to snap forwards and backwards and (baby's) arms and legs to flap around," it was stated in the documents.

"Whilst this was occurring the baby stopped crying, was silent with eyes open and mouth open."

Police said the baby stopped crying when the man stopped shaking it but soon after lost consciousness.

The man, police said, then attempted resuscitation which resulted in a "whimper" from the baby who did not appear to regain consciousness.

The man than sought assistance from the baby's mother, who was not present during the assault, before both parents made their way to Cowra Health Service with the child.

The baby, police said, regained consciousness on the way to Cowra Health Service from where it was transferred to the Bathurst Paediatric Unit where scans revealed a subdural haematoma on the child's brain and healing fractures to its ribs.

"When spoken to by detectives both parents claimed they did not know what happened," it was stated in the police documents.

The child was then conveyed to Westmead Hospital for further treatment where tests confirmed the subdural haematoma to the brain, retinal bleeding, bleeding at the base of the spine as well as eight rib fractures and a healing fractured tibia.

"A doctor confirmed the injuries were the result of an intentional use of force being the acceleration and deceleration of the baby which is commonly referred to as shaken baby," police said.

"(The doctor) told investigators the injuries must have been inflicted just prior to the baby losing consciousness, minus the healing rib fractures which are the result of a previous use of force."

Police said the parents were spoken to again on June 29 and were unable to provide explanations for the injuries before the father eventually provided an explanation for the earlier injuries which a doctor said "could not have caused the bleed on the brain, bleed at the base of the spine, fractured ribs and tibia".

The man, police documents revealed, presented at Cowra Police on July 1, 2022 and confessed to shaking the baby but again claimed the historical injuries were the result of an accident.

If approved the Mental Health Act application would have seen the man escape conviction but be required to take part in a mental health treatment plan for 12 months.

After the application was rejected the man's solicitor confirmed an earlier plea of guilty from her client.

Handing down sentence Mr McLennan said the defendant required treatment for longer than 12 months.

"He requires supervision and rehabilitation over a long period of time," Mr McLennan said, a statement agreed on by Paul Spring for the Director of Public Prosecutions.

"A Mental Health Plan is a great first step but treatment is not going to end at the end of 12 months," Mr Spring said.

He asked the court to "take into account the seriousness of the offence".

"The offence is at the high end for an offence of this type. It's very lucky it didn't go further. The young victim was unconscious for a considerable amount of time," Mr Spring said.

Whilst placing the defendant on a two year intensive corrections order Mr McLennan made it a condition of the order that he undertake the Mental Health Treatment plan presented to the court as well as accept supervision from Community Corrections.