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.
