THIS STORY CONTAINS GRAPHIC DESCRIPTIONS OF VIOLENT CHILD AND DOMESTIC ABUSE.
The man sentenced to home detention after he bashed his 9-month-old son and partner is back behind bars.
Two sources told the Herald that the 20-year-old Waikato man went to a pub "to celebrate" not being sent to prison, in breach of his home detention conditions, and is now in jail.
Under the Criminal Procedure Act, young victims cannot be named or identified, which means the man's name and image cannot legally be published anywhere to protect his son.
Judge Denise Clark in the Hamilton District Court on Tuesday sentenced him to home detention for assaulting the 9-month-old, who was hospitalised with lacerations around his mouth, welts on both sides of his head, multiple cheekbone fractures, a torn bottom lip and tongue and facial grazes.
His eyelids were so swollen that the baby could barely open them.
Court documents stated that the attack happened at a house in the Waikato area on February 19 last year.
But less than 48 hours into the sentence, which included 160 hours of community work, the man was arrested and charged with breaching his conditions.
The same night he was sentenced the man posted a selfie on Facebook with the caption: "Last day at court sweet. Now I can live my life."
The caption also included a word associated with the Mongrel Mob.
The maternal grandfather of the injured boy, now almost 2 years old, spoke to the Herald soon after learning of this week's arrest.
He was shocked, but not surprised - given the man breached bail twice after his arrest for the assault on the baby.
"That judge will have egg on her face now," the grandfather told the Herald.
"This is unreal."
The man was facing a starting point of around three years in prison.
But Judge Clark gave him a discount for his guilty pleas, remorse and a promise of employment.
"It does seem to me with the right environment you are able to behave in quite unobstructive ways," she told him in court on Tuesday.
"This is a long sentence for you, but it is a sentence that allows you to address the needs you do have."
According to the Department of Corrections, non-compliance with home detention conditions is treated "very seriously".
Anyone guilty of a breach faces:
• an internal sanction, for example a warning or increasing reporting requirements;
• a formal breach action, which may result in a further conviction, another sentence such as community work, a fine, or imprisonment;
• an application to the court to cancel the sentence and replace it with a more restrictive sentence.
The arrest came the same day as police confirmed they were considering whether to appeal Judge Clark's sentence.
"He's got to go to prison now," said the baby's grandfather, whose daughter was also repeatedly assaulted by the man during their relationship.
The Herald revealed this week that the 20-year-old had received a sentence of nine months home detention and 160 hours of community service after the brutal beating in February last year.
The man's then-partner was cooking breakfast and he took the baby into the bedroom after becoming frustrated with his continual grizzling - the result of teething.
Alone in the room, the man struck the baby repeatedly on his face and head and grabbed him by the chin and mouth to stifle his cries.
He then forced something solid in the infant's mouth causing a tear between his tongue and base of his mouth.
From the next room the baby's mother could hear her partner say: "f*** up, shut up you little c***".
She threatened to call the police as the attack on the baby continued.
Her partner then turned on her, threatening to burn her with a hot pan before pushing her towards the ground and kicking her legs, hip and shoulder.
As she lay on the ground, he then fetched the baby and demanded she feed him.
In November last year the man pleaded guilty to a charge of wounding with reckless disregard for the attack on his baby son.
He also admitted assaulting the baby's mother with a weapon, and six further charges of male assaults female relating to her and another woman.
The sentence upset the baby's maternal family, with his grandfather saying it was "a huge joke".
It has also sparked outrage in the community.
Do you need help?
If the child or young person is in immediate danger, call police on 111.
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If you're worried about a child you are urged to contact Oranga Tamariki immediately on 0508 326 459; or email email@example.com.