12 Aug 2015

Man who attacked toddler jailed

7:50 pm on 12 August 2015

A Wairarapa man who was found guilty of harming a toddler has been sentenced to seven years in prison.

Jason Sutherland, 40, was found guilty of intentionally causing grievous bodily harm to the two-year-old boy, and assaulting a nine-year-old boy on 3 March last year.

Jason Sutherland being sentenced.

Jason Sutherland was sentenced to seven years in prison. Photo: RNZ / Alexander Robertson

At the Wellington District Court today, Sutherland was given seven years in prison for the attack on the toddler and three months for the other assault. The sentences are to be served concurrently.

The names of the children have been suppressed.

Judge Ian Mill described Sutherland's attack on the two-year-old as extremely violent.

The boy had a bowel condition and had soiled his bed before being injured.

He suffered haemorrhaging between the brain and skull and bleeding behind the eye. He also sustained bruises.

Judge Mill said medical evidence showed "severe force" was required to cause the injuries, and there was indication the boy suffered "several blows".

At the time following the assault, it was "touch and go" for the toddler and he could have died, he said. The boy has since recovered.

"You say now that it was a brief loss of control and we simply don't know how long the assault took, but in my view this was not the result of single blow, it was accompanied by other injuries at various sites," Judge Mill told Sutherland.

He said Sutherland flicked the boy's ears and poured cold water on his head, which he hated, when he soiled himself on previous occasions.

"That just demonstrates your attitude towards him," Judge Mill said. "Your attitude towards him culminating on this particular day with you injuring him."

During the trial, Sutherland claimed he found the boy face down in the bath, and then slipped and landed on top of him.

During the interview with police, Judge Mill quoted Sutherland as saying, "I didn't do anything, but try and save a f***ing kid that was in the bath."

"There was no show of concern or empathy," he said.

Judge Mill said he took into account Sutherland's clean history and, what he called, limited remorse during sentencing.