A Werribee man has been sentenced to three months’ jail after pleading guilty to recklessly causing serious injury to his eight-week-old son.
Victor Upokotea-kaukura, 22, was given 107 days’ jail time and required to undertake 300 hours of community service for his attack in the early hours of May 24 last year.
The County Court heard Upokotea-kaukura, who was the primary carer of his son at the time, shook the eight-week-old vigorously and hit him on the head with an open hand after the child kept waking up and crying.
Three days later, Upokotea-kaukura and the child’s mother took the child to Werribee Mercy Hospital after noticing a persistent twitch in his arm.
After being assessed, the child was taken to the Royal Children’s Hospital, where it was found he had suffered subdural brain haemorrhages, extensive retinal haemorrhages in both eyes, cerebral ishcemia hypoxia and focal seizures as a result of the assault.
The long-term prognosis for the baby boy is “guarded”, the court was told.
Upokotea-kaukura pleaded guilty to the charge and was remanded in custody before being released on bail under the court’s integrated services program, which gives accused people suffering from drug and alcohol abuse, homelessness, disability, mental health problems or acquired brain injuries priority access to treatment and community support services.
Upokotea-kaukura, who served his 107 days in prison while waiting for the court hearing, has not seen his son since the day of his arrest and is no longer in a relationship with the mother of his child.
Rehabilitation prospects
In sentencing, Judge Christopher Ryan said he took into account the fact that Upokotea-kaukura pleaded guilty at the earliest opportunity, had complied with “onerous” bail conditions, and had found full-time employment following his release from prison.
“Your crimes are grave,” Judge Ryan said. “It is the type of crime that shocks the community. You breached what could be regarded as the most sacred trust that any adult can take on, namely the responsibility of parenthood.
“This offending calls for particular consideration of the sentencing principles of just punishment, denunciation and general deterrence.
“Having said that, you are a young man without prior convictions … I regard your prospects for rehabilitation as good.”
