Appeal Court says sentence was too long, despite potential dire consequences of assault on child
A drunk Rotorua man who punched his 14-month-old child at least twice in the head has had his jail term reduced.
Frank James Brown, 23, was sentenced in the Rotorua District Court to three years
and nine months' imprisonment after admitting wounding his son with reckless disregard.
But the Court of Appeal has quashed the sentence and instead ordered Brown to serve two years and eight months.
Brown was also convicted of assaulting the child, resisting a constable, burglary and receiving.
He was sentenced in the District Court to a total of five years and nine months but the Appeal Court reduced this to three years and eight months.
The court was told Brown had been drinking heavily with neighbours when his partner left to get a bottle for the toddler.
When she returned about 40 minutes later the child was on the couch with a black eye.
She took him and fled from the scene, seeking help from residents of another house.
Police found Brown in an agitated state "screaming incoherently", the court was told.
He fled when police arrived but was caught trying to scale a fence and escape.
He said he had no recollection of inflicting the injuries, which put the boy in hospital for three nights.
The court said that the injuries were consistent with the child having been punched at least twice in the head.
Brown told the police he had fallen down stairs while holding the child, something described as "very unlikely" by a paediatrician.
The court said a starting point of five years for injuring the boy with reckless disregard was too high. In other cases, the starting point was between two years and 3 years, although it observed that an assault on a child "can have dire consequences".
The Appeal Court justices said the injuries were described by the sentencing judge as "very serious and potentially life-threatening".
- NZPA
