A plea from a Whangarei man not to be sent to prison for assaulting a toddler who was hospitalised for two weeks was rejected and the judge said a deterrent message needed to be sent by the courts.
Patrick Tuhuamohi, 31, appeared for sentencing in the Whangarei District Court last week after earlier pleading guilty to a charge of injuring with intent to injure.
Judge Duncan Harvey said the community generally condemned such offences and looked upon the courts to send an appropriate message by way of sentencings.
He said Tuhuamohi became angry when the 2 year old child urinated on him after he was picked up on the night of August 19.
Judge Harvey said Tuhuamohi struck the toddler three times on his groin area, forcing the skin to split and bleed.
The injury was discovered when the baby's mother changed his nappy. He spent two weeks in hospital.
Crown prosecutor Catherine Anderson said jail was the appropriate outcome because Tuhuamohi had a previous conviction for assault on a child in 2002 and was sentenced to community work and supervision.
She said Tuhuamohi deliberately concealed the assault from the child's family which prevented a timely medical intervention.
Ms Anderson said the child was vulnerable and wasn't in a position to explain what happened.
Tuhuamohi's lawyer Wayne McKean said the assault was brief and was the result of loss of temper and control. Tuhuamohi initially denied his offending during a police interview but as he was released to leave the police station, he confessed to his crime.
Mr McKean said Tuhuamohi should be given credit for his guilty plea and his remorse.
Judge Harvey said he'd given consideration to the possibility of home detention but rejected the recommendation because of a number of factors. Deterrence and denunciation coupled with Tuhuamohi's previous conviction warranted a term of imprisonment, he ruled.
"He was a small boy and you reacted inappropriately," Judge Harvey said.
Judge Harvey sentenced him to one year and nine months in prison.