Dr. John Burk Baird

The accused was charged with aggravated assault after his infant son sustained multiple severe injuries within the first 30 days of life, including a torn frenulum, a bruised cheek, and multiple rib and leg fractures.

Medical evidence established that the injuries required significant force and could not have been self-inflicted or caused by a toddler.

The accused admitted to handling the child roughly and provided explanations that were inconsistent with the medical evidence.

The court found that the accused caused the injuries but concluded that the evidence best supported a conviction for the included offence of assault causing bodily harm, as the Crown proved objective foreseeability of the risk of bodily harm.

The accused was charged with aggravated assault causing maiming to a one-month-old infant.

The child sustained multiple serious injuries including rib fractures, metaphyseal fractures to the legs, a torn frenulum, and bruising to the cheek within the first 30 days of life.

Medical evidence established that these injuries required significant force and could not have been self-inflicted or caused by accidental means.

The accused was the primary caregiver during the relevant period.

The court found the accused guilty of the included offence of assault causing bodily harm, rejecting the aggravated assault charge as the evidence did not establish maiming.