A father has been found not guilty of all charges at the end of his Supreme Court trial. Photo: Michelle Kroll.
CONTENT WARNING: This article refers to alleged family violence.
A father has been found to have breached the duty of care he owed to his three-month-old daughter when he went to the bathroom while leaving her in a location from which she could fall, resulting in a skull fracture.
But he has been cleared of any criminal responsibility, as a judge was not satisfied his actions fell so far short of the reasonable standards of care expected by the community.
The man fought his charges when a judge-alone trial began in the ACT Supreme Court earlier this month.
The court heard he was 22 and had separated from his daughter’s mother when the girl was born in 2023, although they agreed to co-parent.
He arranged to spend a night with her in July 2023, while her mother was with her family.
He claimed he had got up to use the bathroom in the middle of the night and left his daughter on his bed when she rolled over and fell about 60 cm. He returned to find her crying on the floor.
The man’s mother took her to a hospital in Canberra the next day before she was flown to the Sydney Children’s Hospital, where the matter was referred to the facility’s child protection unit.
“She was on my bed just chilling, and I needed to piss,” the man messaged to his daughter’s mother.
“She shouldn’t have been close enough for it to happen.
“I’m actually the shittest Dad ever.”
Acting Justice John Burns said the baby was found to have a skull fracture, brain bleed and bruising to both eyes.
A pediatrician at the Sydney hospital told the court that some injuries might have been caused by the bed fall, but it was highly unlikely that all were.
It was likely at least some injuries had been inflicted on the girl, the pediatrician said.
The man, who is not named to protect his daughter’s identity, pleaded not guilty to one count of causing grievous bodily harm by a negligent act and two counts of assault occasioning actual bodily harm.
He did not give evidence during his trial.
The two counts of assault related to the bruising to the girl’s eyes, which prosecutors claimed had been intentionally inflicted by her father.
Acting Justice Burns ultimately said, after considering the evidence, he was not satisfied that the only reasonable explanation for these injuries was that they were non-accidental injuries inflicted by the man.
With regards to the charge of grievous bodily harm, prosecutors argued the man breached his duty of care by leaving his baby unattended on the bed in a location where she could fall.
Acting Justice Burns was satisfied that the man breached the duty of care he owed to his child by leaving her alone while he went to the bathroom, but he was not satisfied that his negligence was so gross as to warrant criminal punishment.
On Tuesday (24 February), the acting judge entered verdicts of not guilty to all charges.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT on 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call triple zero.
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