Sentence slashed in baby assault case
Manitoba top court has reduced the jail sentence handed to a man who broke his one month old baby ribs in a fit of anger.
A panel of three provincial appeals court judges has unanimously agreed to cut William Edward Wolonciej two year jail term to 18 months.
Wolonciej, 31, pleaded guilty to aggravated assault earlier this year. He was caring for his child in August 2009 when anger directed toward his ex boiled over.
Eight of the infant ribs were broken when Wolonciej squeezed the boy.
The assault wasn uncovered until about a month later when the boy started vomiting blood and his mother rushed him to hospital. While the vomiting was found to be unrelated to the assault, medical staff found evidence of the injuries and notified police.
In handing him the two year jail term in March, Judge Brent Stewart threw out a one year sentence jointly recommended by the Crown and Wolonciej lawyer.
While it is rare for a judge to disregard joint recommendations, Stewart comments during sentencing suggest he felt the case cried out for stiffer punishment than what was on offer.
wasn an accident, this was done out of anger, Stewart said. injuries are incredibly serious . I don look at one year as a significant sentence. appealed, saying Stewart made a mistake by not air max 1 air max 1 strong> approving the recommended sentence.
The Court of Appeal disagreed but said Stewart did make a mistake in how he considered the legal precedents governing similar cases.
our view, the judge misinterpreted the relevant case law, Justices Freda Steel, Barbara Hamilton and Miche air max 1 l Monnin wrote in their nine page decision released Tuesday.
the judge was entitled to reject the joint recommendation of one year, in our view he was unduly harsh in imposing one of two years, their decision said. believe 18 months is a more appropriate sentence. might be accused of tinkering in substituting this sentence for one of two years as imposed, but when considering a sentence of two years, a 25 per cent difference is not, in our view, inconsequential or minimal, air max 1 stated their decision.