TOKEN PUNISHMENT FOR A GRIEVOUS CRIME

Apparently you can even destroy a defenceless baby's life as long as you say you are sorry

A foster father who shook his 10-week-old foster son so hard the baby became blind and brain damaged, has been sentenced to 52 weekends in jail. The baby's natural mother was yesterday outraged by the sentence and called on the Director of Public Prosecutions to appeal the sentence. The Sydney District Court had heard the baby had fallen from the man's arms onto the floor, and then became unresponsive. The 43 year-old admitted he then shook the baby and slapped his head to "get him to come round".

The boy later developed seizures, but was not taken to hospital until 5 am the next morning, December 22, 2003, at least 12 hours later. The Department of Community Services had taken the baby from its mother three days after he was born in October 2003 because of concerns about her mental health, the court heard. The baby was placed with foster parents - the mother's sister and her husband, who also had a one-year old child of their own. But the Herald understands the foster parents had informed the Children's Court four weeks before the incident they no longer wished to care for the boy, but the case was adjourned and the boy stayed with them. DOCS said they were not aware of these concerns.

Neither the foster parent nor the baby can be identified for legal reasons. The court heard the man had been beaten regularly by his parents, but DOCS said in a statement the parents had been assessed and the man did not disclose his history of family violence.

Judge John Nield yesterday sentenced him to two years imprisonment for maliciously inflicting grievous bodily harm, with a one-year non-parole period to be served as periodic detention. He took into account in sentencing another offence of neglecting to provide adequate medical care for the child. Judge Nield said he believed the man, who had pleaded guilty in April this year, was sorry and had known that he should not shake a baby. But his actions had not been deliberate or premeditated, he found. "I believe that he panicked in a situation that he found himself in and then acted unthinkingly and recklessly towards [the baby]."

Nigel Spence, the head of the Association of Children's Welfare Agencies, said while he was reluctant to comment on the sentence, it appeared to be "quite light". The community had high expectations of foster parents who took over responsibility from parents who could not look after their children, he said. "This case has to trigger another look at the level of support, assessment and supervision of this carer and other carers in similar circumstances."

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