Decision reserved on appeal over PD

A police appeal against a sentence given to a man who broke a baby's bones has been reserved.

The 28-year-old was sentenced to four months' periodic detention after he admitted breaking his baby daughter's leg in two places and four of her ribs. Judge Tony Adeane in the Napier District Court had sentenced the man and suppressed his name.

The police said he grabbed her leg as he changed her nappies and forced it down sharply, causing a spiral fracture. About a week earlier he had squeezed her and broken her ribs.

The defence lawyer had said at the time that the man had been under considerable strain from caring for two small children every night and the baby's constant crying meant he was short of sleep.

In the High Court at Napier on Friday, Russell Collins, for the police, said Judge Adeane was wrong in legal principle by finding that the injuries did not constitute serious violence, and therefore a prison sentence should be imposed. The sentence was "manifestly inadequate."

He said the man had lied and covered up his role for two years and therefore Judge Adeane was not correct in saying the man had confessed and cooperated with police.

Defence counsel Russell Fairbrother said the man thought he was to plead guilty to a charge of breaking the baby's leg and found he was also accused of breaking her ribs.

He accepted that he could have unintentionally caused a fracture in one rib by squeezing her tightly. Mr Fairbrother said Judge Adeane was correct in finding the injuries were caused by recklessness.

Mr Collins said it was of great concern that a district court judge had sentenced someone when there was such a "huge difference" between the summary of facts read to the court and what the man was prepared to take responsibility for.

Justice Wild said the man should not have been sentenced while there was disagreement on whether there was one incident or two.

- NZPA

Herald Online feature: Violence at home

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