Dad on home detention for injuring baby
Fri, 20 Jul 2012 1:30p.m.
A father whose baby son ended up in hospital with a broken arm, leg fractures and other serious injuries is to spend the next 10 months on home detention.
Benjiman Athol Boynton, of Kaingaroa, is also to carry out 250 hours' community work.
The 22-year-old was sentenced in Rotorua District Court today by Judge Phillip Cooper after a jury earlier found him guilty of two charges of injuring his four-month-old son with reckless disregard for his safety.
It acquitted Boynton on more serious counts of causing his son grievous bodily harm and an injury charge which was downgraded during the trial from one of maiming the infant. The charges spanned a period from January 2009 to March 31 2010.
The Crown claimed that when Boynton's infant was taken to Rotorua Hospital in March 2010 he was found to have a broken arm, leg fractures, a brain and eye bleed consistent with the child being shaken and some ribs had possibly been broken about a fortnight earlier.
Prosecutor Chris Macklin said the raft of injuries strongly indicated child abuse.
Judge Cooper said today the jury found it had not been proved that Boynton had deliberately injured the infant. His explanation for the injuries was that he may have handled him roughly during a nappy change or while jiggling the baby.
He said it was obvious Boynton was ignorant and naive about the fragility of a new-born. His pre-sentence report indicated he was at a low risk of reoffending, was visibly upset and remorseful.
Lawyer Harry Edward said Boynton's children where now under CYF care.
While on home detention Boynton is to undertake family and parental responsibility courses, a Tikanga Maori programme and not be alone with children 16 and under without his probation officer's permission. He's also forbidden from drinking and drug taking.
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14/08/2012 12:43:24 p.m.
Justice Mary Peters you are disgrace and should disbarred. What a joke. I am ashamed as a NZer that you are allowed to sit in judgement in NZ and make ridiculouse decisions like this. God help us. I am so angry.
25/07/2012 12:24:28 p.m.
WOW...the justice system has...again taken a couple of steps backwards. NZ Govt want to reduce numbers of child abuse??? Won't happen if Boynton and offenders with charges similar to this person get home d & community service. What a joke!! NZ has the highest rate of child abuse in the world and this is all they can do to fix the problem? Just a slap on the hand and the perpetrator still be able to enjoy the priviledges that 'normal' caring NZders enjoy (which will include alcohol and drugs). When are the govt going to bring in a proper law system to mete out a justifiable punishment for child abusers? What will the judicial system deem as high risk, if Boynton's behaviour was classed as a 'low risk'? Brain & eye bleeds and broken/fractured bones...This behaviour shouldn't of happened.
20/07/2012 8:49:36 p.m.
Broken bones, brain and eye bleeds from a rough nappy change or jiggling a poor defenseless newborn baby...... YEAH RIGHT!!!! 10 months home detention and thats deemed as punishment. Get it right idiot NZ justice system! Your lack of REAL action is killing and maiming our children. Chuck these mongrels in jail forever where they can feel what its like to be beaten. DISGUSTING.
20/07/2012 4:09:40 p.m.
Home detention? So not an important crime then. Sentenced to watching HD tv and being waited on. Would probably be better for the child if this scumbag wasn't in the house.
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