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.
NZN