"The fractures were not accidental. The issues here are whether the people who had his care and custody at that time, his parents, one, knew he was suffering from the effects of these injuries and, two, deliberately neglected to do anything about those injuries.''
He said although the injuries were not accidental, the crown could not prove the circumstances they were inflicted in.
It was during a visit to a Hastings GP in April 2011 for an immunisation that the doctor noticed an issue with the baby boy's thigh.
The baby was taken to the Hawke's Bay Hospital where X-rays were taken.
A fracture to the thigh bone was found, as well as fractures to the lower legs, pelvis, toe and rib.
The couple was remanded in custody for sentencing in March.