A man who shook, smothered and repeatedly punched 5-month-old Jhia Rolleston, causing brain damage and permanent blindness to one eye, has been sentenced to three years and three months imprisonment.
The High Court at Auckland was told that Polash Kabhir, 19, also tried to bribe Jhia's mother with $65,000 so she would not give evidence against him.
According to the agreed summary of facts, Kabhir, who was not yet 17 at the time of the offending, entered into a relationship with the woman when she was three months pregnant with Jhia and they began living together in the Auckland suburb of Mt Wellington.
On the night of October 10, 2010, the two adults were arguing when Jhia began to cry.
The court was told he punched the baby with a closed fist to quieten her down and then went to bed.
She continued to cry so he got up and punched her twice more in the head.
Still she cried so he covered her mouth and nose with his hand for about one minute but she continued to cry so he punched her again.
He then picked the baby up out of her cot and shook her violently before throwing back down.
The court was told that just before he was to stand trial in November last year, Kabhir sent Jhia's mother a series of text messages offering her $65,000 not to give evidence against him.
"... Please be strong, don't be scared," one message said.
"You do this $65,000 is yours. That's enough to cover all your bills".
The court was told that Kabhir was never in a position to actually pay the money, but that the bribe did influence the way the woman gave evidence. However, she was declared a hostile witness and her evidence struck off.
Kabhir was acquitted on one charge but the jury could not decide on the more serious charge of causing grievous bodily harm.
The Crown had sought a retrial but he pleaded guilty before that went ahead.
Justice Priestley today sentenced him to two years and two months in jail for causing the child grievous bodily harm with reckless disregard, and a further one year and one month for attempting to dissuade a witness.
He said trying to bribe a witness "strikes at the core of the administration of justice" and needed to be met with a stern sentence.
Kabhir's actions against Jhia were "disgusting".
"The baby was totally vulnerable and defenceless," Justice Priestley said.
"You were in a parenting role and she was entitled to trust you ... Your actions were an inexcusable breach of that trust."
He added: "What I think is disturbing about this is that this was not a single act of an impulsive nature, inexcusable as that is. This was repetitive, and that adds to the seriousness of the offending."
Jhia would be permanently blind in her right eye and there was a distinct possibility of residual brain damage leading to cognitive and behavioural difficulties.
She had since been adopted into a loving, caring home, and her name has been changed. Her new name is suppressed.
Kabhir's lawyer Hugh Leabourn said his client lived with the consequences of his actions every day and he had demonstrated genuine remorse.
His young age meant he had not been equipped with proper life skills to deal with a baby, he said.
Speaking outside of court, Jhia's adoptive mother, who cannot be identified, said Jhia was doing "really well".
"She's a little bit behind but she's walking and she's toilet training and she's talking non-stop and she's really happy."
The woman and her family took Jhia, now 3, in as soon as she was discharged from hospital a few weeks after the attack.
"She was only 4kg so she was tiny - she was like a newborn baby. She used to scream a lot and have bad headaches, but we worked through that.
"We're very proud of her. She just amazes us every day with what she does."
They were working with Jhia's birth mother and extended whanau to rebuild their relationship.
