Police have won an appeal against a four months' periodic detention sentence imposed on a man after he admitted breaking his two-month-old daughter's leg and ribs.
The 28-year-old man, whose name is suppressed, was re-sentenced yesterday in the High Court at Napier to six months in jail, suspended for 12 months, six months' periodic detention and six months' supervision.
His original sentence was handed down by Judge Tony Adeane in the Napier District Court on July 1.
Police told the court that the man grabbed the baby's leg when she would not lie still as he changed her and forced it sharply down, causing a spiral fracture. About a week earlier he had squeezed her tightly when she would not stop crying, breaking her ribs.
The man's lawyer, Russell Fairbrother, said the accused had been under considerable strain caring for two children. The baby's injuries were the result of recklessness rather than intent to injure, he said.
The man's first sentence received wide criticism, including from Children's Commissioner Roger McClay.
Police appealed on the grounds that Judge Adeane was wrong in law in deciding the injuries did not constitute serious violence.
They said periodic detention was "manifestly inadequate."
- NZPA
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Man who broke daughter's bones gets 6-months periodic attention
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