Man jailed 23 months for assault on toddler

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This article was published 28/10/2022 (1129 days ago), so information in it may no longer be current.

A Winnipeg man convicted of assaulting his toddler stepson after claiming he held him “too hard” has been sentenced to 23 months in jail.

The now 27-year-old man was found guilty after trial of one count of assault causing bodily harm for an October 2019 incident that sent his 21-month-old stepson to hospital for four days.

“The fact that he has since recovered from the physical injuries is of no credit to the accused in sentencing,” provincial court Judge Julie Frederickson said in a written decision released earlier this month.

The man’s name cannot be disclosed under terms of a publication ban intended to protect the identity of his victim.

Court heard evidence at trial the child’s mother was away from their home running an errand at the time of the assault, leaving the man alone with the child and the couple’s newborn baby.

When the child’s mother returned home, she saw the man exiting the bedroom where the children had been sleeping. The woman checked on the toddler, discovered he had been injured and confronted the man, “who suggested to her that perhaps he had held (the child) ‘too hard,’” Frederickson said.

Court heard the child suffered “blunt force injuries,” including purple bruising to his face and neck, a swollen upper lip and small hemorrhages to his eyes.

The man “had the exclusive opportunity (to injure the child) as he was the only adult in the house,” Frederickson said.

“Aside from (his) explanation, which the accused testified was the result of brainstorming as to what could have happened, we do not know how or why he assaulted (the child),” Frederickson said, noting the couple was “sleep deprived” after the birth of their baby, and had been “celebrating” the night before with alcohol and marijuana.

The man did not seek immediate medical help for the child. A doctor testified at trial the injuries could not have resulted from “normal handling and care,” Frederickson said.

“There is no rationale for the accused’s actions,” she said.

The man, who has no related record, has a family history of domestic violence, substance abuse and residential school involvement.

“The accused’s use of substances… is concerning,” Frederickson said. “He is aware that his substance use is problematic, and that staying clean will be a challenge for him,” but has made no effort to seek out counselling or help.

The man’s sentence includes 45 days in custody for failing to appear in court for sentencing in June 2021 and moving without notifying the court, offences that “contributed to a significant delay in resolving these matters,” Frederickson said.

Frederickson sentenced the man to an additional two years supervised probation, during which time he is to have no contact with the child victim and his former partner.

dean.pritchard@freepress.mb.ca