Koebbie Marius avoided jail after shaking four month old baby, causing her brain to bleed
A man who squeezed and shook a four-month-old baby, causing her brain to bleed, has avoided jail. Find out why.
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A man who shook a four-month-old baby, causing her brain to bleed, did so while having an autistic meltdown, a court heard.
Koebbie Patrick Marius, 24, avoided jail for the horrific assaults after the court heard he didn’t have the skills or maturity to supervise a baby.
During sentencing, the District Court heard the victim was a baby girl who was born in December 2020.
The court heard the child’s mother attended at the Women and Children’s Hospital on April 21, 2021.
“(The victim) had facial bruising and was vomiting and lethargic,” Judge Joanne Tracey said.
Hospital staff were told Marius said he was carrying the baby and accidentally knocked her on the doorframe at his home.
However, doctors observed the injuries to be inconsistent with that conduct and also observed a mixture of old and new bruises.
On examination, it was noted that the child’s injuries included subdural haemorrhages, retinal haemorrhages and bruising to the abdomen.
The court heard it was found that Marius squeezed the baby’s torso on one occasion and shook her, causing her brain to bleed on another occasion.
The baby was hospitalised for seven days and fortunately, did not suffer any long-term injuries.
Marius pleaded guilty to two counts of recklessly causing harm.
The child’s mother described in her victim impact statement described how traumatised she has been seeing her daughter so badly hurt.
“She says that you have ruined her life and her family’s life … Within hours, you took everything from her,” Judge Tracey said.
The court heard Marius was diagnosed with Autism Spectrum Disorder in 2023, which appeared to have had a profound impact on his life and functioning.
Marius’ counsel said he accepted the reality that he failed the baby and that she suffered greatly, as did her mother.
“Your counsel argues that your conduct occurred in circumstances where you did not have the skills, maturity or the cognitive ability to be left alone and supervise a child,” Judge Tracey said.
“The offending is said to have occurred in the context of what is described as an autistic meltdown where you were so overwhelmed by stimuli that you acted in a manner which caused harm to the child, but without intention to do so.”
Marius was sentenced to two years and six months jail, with a non-parole period of one year and four months.
“Mr Marius, what you did to (the victim) would have caused her distress and pain, and it is fortunate that you did not cause more serious harm or permanent injury,” Judge Tracey said.
The sentence was suspended on a two year good behaviour bond.
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Originally published as Koebbie Marius avoided jail after shaking four month old baby, causing her brain to bleed