Nicholas Trent Masling ‘violently shook’ infant daughter – who later died – while in bad mood after staying up late

A child suffered shocking brain injuries and later died when her father “violently shook” her – because she woke him after he’d stayed up late smoking weed.

A one-month old baby who suffered critical brain injuries when shaken by her father had evidence of multiple rib and leg fractures and bruises to her head from days and weeks before the assault, a court has heard.

Nicholas Trent Masling, 33, of Mount Gambier, pleaded guilty to the manslaughter of his daughter after shaking her on June 5, 2016 at the family’s Whyalla home.

On Friday, Supreme Court Justice Anne Bampton heard sentencing submissions for Masling, who has seven children with four different women.

The court heard Masling had been up late the night before smoking cannabis and had been “in a bad and irritable mood” when he was woken by the child at 11am.

He “violently shook” the 41-day-old child in an effort to get her to stop crying and then put her on a mattress on the floor and went to the bathroom.

When he and the child’s mother returned, the baby was still and her face purple.

Michael Foundas, prosecuting, told the court Masling’s daughter had died 17 months after she suffered the critical injuries.

Nicholas Masling leaving magistrates court. Picture: Naomi Jellicoe

He said the force of the shaking caused the infant’s brain to move in her skull, which in turn led to her entering respiratory arrest – which contributed to the brain damage.

The child remained in the Women’s and Children’s Hospital for several months before being transferred to a specialist facility where she received 24-hour care.

The brain injury prevented the child being able to swallow properly or clear her lungs, leading to the bilateral pneumonia that took her life on November 25, 2017.

Nicholas Masling outside court. Picture: Naomi Jellicoe

Mr Foundas said Masling pleaded guilty just before his trial was expected to start on a very specific factual basis.

The court heard the prosecution accepted Masling had not intended to hurt the child but had acted in a spontaneous moment of frustration.

The child had five rib fractures and two fractures to her left leg that showed signs of healing.

Additionally, she had bruises to both sides of her head that a medical expert found were the likely result of a pinching injury where an adult had gripped the child at her forehead.

Mr Foundas said while the prosecution did not fully accept Masling was not responsible for those injuries, they conceded the evidence available was insufficient to prove his involvement.

Major Crime officers, in expectation of the child dying from her injuries, began listening to Masling’s phone calls and placed a listening device in his home.

Mr Foundas said the recording showed a concerted effort to put together a story about what happened to the child that took the spotlight off him.

Steven Millsteed KC, for Masling, said his client had deeply grieved the death of his child and had been traumatised by what occurred.

Masling strongly denied any other acts of violence towards the child with Mr Millsteed telling the court his client “had very little to do with the upbringing of the child”.

Masling will be sentenced later this month.