Due to concerns about the child’s presentation and having observed bruising on the infant, the health visitor arranged for him to be seen by a GP
A 25-year old man who admitted subjecting his partner’s infant son to assaults, ill treatment and neglect was made the subject of a three-year Probation Order today.
The Co Tyrone man, who can’t be named to protect the identity of his young victim, admitted six count of child cruelty which included slapping the infant and looking after him whilst ‘stoned’ on cannabis.
As the defendant was sentenced by Judge Brian Sherrard in Dungannon Crown Court sitting in Belfast, it emerged he made the child stand outside his cot as well as making him walk up and down the hallway repeatedly as forms of punishment.
The youngster, who did not suffer serious injury, is now in care and is reported to be ‘prospering’.
The court heard that on the morning of August 30, 2023 a health visitor made a planned visit to a property which, at the time, was shared by the defendant, his partner and her 23-month old son.
During this visit, the health visitor noted that the child appeared unwell and was dull and lethargic. Due to concerns about the child’s presentation and having observed bruising on the infant, the health visitor arranged for him to be seen by a GP that afternoon.
Following that examination, the GP noted bruising to the child’s temple, forehead and spine.
Due to the extensive nature of the bruising and a conclusion by the GP that it was non-accidental, the child was seen by paediatricians at Altnagelvin Hospital were 36 separate bruises were identified over his body.
One doctor concluded that the clinical findings were consistent with physical abuse and a joint protocol investigation was launched. The defendant was arrested and during a police interview on August 31, 2023 he denied any wrong-doing and falsely claimed the child had banged his head whilst being bathed.
He was subsequently released on police bail. As part of the investigation, the mobile phones of both the child’s mother and the defendant were seized and examined.
Recovered messages revealed the defendant had looked after the child whilst under the influence of cannabis and had slapped him.
In another messages, the couple argued about her son with the defendant telling his partner when the child should eat and sleep and that she didn’t discipline the child enough.
There were other discussions about the defendant making the child stand outside his cot and walk the hallway as forms of punishment.
He was interviewed by police for a second time in January 2024 when evidence gathered during the course of the investigation – including the messages – was put to him.
On this point, the defendant accepted he was under the influence of cannabis and was ‘stoned’ on several occasions whilst caring for the child. Despite his initial denials, the defendant pleaded guilty to three counts of child cruelty committed over a period from March 1 to August 31, 2023.
The defendant also pleaded guilty to a further three child cruelty charges spanning a period from August 6 to 30, 2023.
Four charges relate to wilful assault, one charge relates to wilful ill treatment and one charge relates to child cruelty by neglect.
A defence barrister told Judge Sherrard that his client has spend six months in custody for the offences he committed which was a “salutary lesson” for him.
Saying that at the time his client was in a relationship where “unhappily” drugs were a feature, the barrister said the defendant is now seeking assistance for his addiction issues.
The barrister also spoke of a doctor’s report which concluded that due to the defendant’s limited life experiences and other difficulties, he was totally unsuited to meet the challenges of child-rearing.
Judge Brian Sherrard said he had taken into account a medical expert’s report which concluded that any pain experienced by the child would have been momentary and would not have required medical treatment.
He said: “In terms of harm, fortunately the child in this case did not suffer serious injury – although I would emphasise that any injury to a child in circumstances such as this is clearly too much.”
Regarding the defendant, the Judge noted he was a single man with no children who has a good working history and a clear criminal record.
He did, however, express “considerable concern” that the defendant continues to consume cannabis and that he “struggles to explain” what his motivation was concerning his offending against the child.
Judge Sherrard said: “Assaults and neglect of young children, the most vulnerable members of our community, must be reflected in condign punishment with a heavy element of deterrents.”
He added that it was fortunate the child did not suffer serious injury and was now in care where he is reported to be ‘prospering’.
Telling the defendant that he had taken his period of remand into consideration, Judge Sherrard made him the subject of a three-year Probation Order.
Saying this was “not the easy option”, the Judge warned that any breach would result in a return to court and an “immediate custodial prison sentence.”
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