Dad faces Mackay District Court after breaking his baby’s bone

A mining town father was already on parole for choking and other chillingly violent acts when he seriously hurt his newborn son.

A father, still on parole for violent offending, landed back in jail after he fractured his infant son’s collar bone.

A dad, still on parole for violent offending, landed back in jail after he fractured his baby son’s collar bone.

The 25-year-old was at a Central Queensland hospital on September 2, 2023 with the child’s mother when he claimed he dropped the six-week-old infant near a cot.

Crown prosecutor Monique Sheppard however told Mackay District Court the baby’s injuries were “inconsistent” with the man’s version of events and the action resulted in a fracture to the boy’s clavicle.

“Within the 33-minute window between 6.43am and 7.16am there has been some significant force that has been applied to the child either directly or by means of an object,” Ms Sheppard said.

The father pleaded guilty to assault occasioning bodily harm.

Ms Sheppard told the court the man had a violent history including previous instances of assault occasioning bodily harm, one of which occurred when he attacked another person after a party in Moranbah.

He also appeared in Mackay District Court in August 2022 for attacking his partner at the time, repeatedly threatening to kill them, driving erratically, hitting their face, choking and biting them.

The man had a history of violent offending, including assault on a former partner.

He was sentenced to two years and three months imprisonment as a result and was released on parole after spending 95 days in custody.

The court heard after the attack on his son his parole was cancelled, and he returned to prison on September 6, 2023.

Defence Barrister Scott McLennan said his client served the 11-month remainder of his previous sentence, remaining in custody until November 12, 2024, despite his previous term of imprisonment expiring on August 21.

He said 83 days his client spent in custody from August 21 to November 12 should be declared as time served, as it related solely to the attack on his son.

Mr McLennan said if the man had not committed the new offence “his parole wouldn’t have been cancelled, and he wouldn’t have gone back in” and while on parole “he engaged relatively well with the supervision process”.

He advocated for a wholly suspended sentence of six months with time already spent in custody declared.

“Looking at the presentence custody, declarable or not, he has served 15 months,” Mr McLennan said.

“It’s the overwhelming factor in this sentence, how much time he’s served … he should, in my submission, get the substantial benefit for that 11 months he spent serving out his previous sentence.

Judge Gregory Lynham said “when it comes to determining sentences we’re not talking about mathematical exercises”.

“The thing is he’s reoffended on parole,” Judge Lynham said.

“It’s a very serious offence, he’s assaulted a six-week-old baby.”

Judge Lynham said he didn’t want to “lead myself into error” and he would be greatly assisted by further submissions from the Crown and Defence.

“I appreciate that he’s been in custody for a long time,” Judge Lynham said.

“That ultimately is the consequence of his own reoffending … that’s a simple reality.

The sentence adjourned until March 5 for both sides to make written submissions.

Originally published as Dad faces Mackay District Court after breaking his baby’s bone