Dad avoids jail over son's brain damage......

Jodi - posted on 07/18/2010 ( 7 moms have responded )

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Dad avoids jail over son's brain damageThomas Conlin,
AAP
July 19, 2010, 11:44 am

A father who caused permanent brain damage to his three-month-old son has received a suspended sentence so he can be a father figure to the boy.

Philip Edward Clarke, 29, of Ingle Farm, was last week found guilty of criminal neglect following a temper snap in 2006 which left his then three-month-old son requiring full-time care for the rest of his life.

He received a suspended sentence in the District Court of South Australia on Monday after Judge Wayne Chivell deemed him unlikely to reoffend and so he could be a "father figure" to the boy.

The court was told the baby was either shaken or thrown onto a soft surface and the "trauma required to inflict the sort of injuries would not have been minor".

The baby, who was born nine weeks premature, suffered "extensive hypoxic brain damage" to at least half of his brain and "gross loss of vision" after the incident.

Judge Chivell said Clarke had made efforts to maintain a relationship with his son, unlike the mother who has not seen the child for three years.

He imposed a three year sentence with a non-parole period of two years and a $1000 good behaviour bond.

The offence of criminal neglect carries a maximum penalty of five years imprisonment.

http://au.news.yahoo.com/a/-/latest/7604...

What do you think? Can this guy EVER be a role model to his child? And should this kind of criminal act carry a heavier penalty? Do you think that the judge was lenient ONLY because the mother is not in the picture, and this is a case of one biological parent is better than none?

Personally, I think this is screwed up and that judge deserves to be thrown into a wall.....

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I don't know, I can't help but think it is almost a fitting punishment for the father to see for the rest of his life, the results of how a few seconds temper has impacted and will continue to impact the entire life and future of his poor innocent son. His son's future has been taken away from him, his chance to live a normal life has been destroyed and what better way to drive home a message of how one's actions can so drastically ruin someone elses life than to ensure the father is witness to how much his son will always suffer as a result of his behaviour. I just don't know, there are no winners in this scenario, so sad.

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Dominique - posted on 07/21/2010

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That makes me disgusted that someone could get away with that. The mother of that child also needs a nice smack in her head if shes allowing that child to be anywhere near the father. Hopefully that judge gets kicked off of his position.

Sharon - posted on 07/19/2010

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That is fucked. The dad is a fuckwit. The judge needs to be buttfucked and then stabbed through the eye with a screwdriver.

Fucking morons.

Charlene - posted on 07/19/2010

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Stories like this make me sick.
There was a guy here, who simarly shook or beat his girlfriend's 10-week son so hard, that he broke the baby's leg, injured his spine, caused a permanent brain injury and the baby also needed a feeding tube for months.
He got two years, less a day because the judge felt sorry for him and didn't think he deserved to be sent to a federal children.
The trial kept getting pushed back and while he was waiting, he was on 'house arrest' and was able to knock up his new girlfriend. Oh.. and he'll be eligible for parole before his two years are even finished.
http://www.theguardian.pe.ca/News/Justic...

I think people who shake or beat an innocent baby should be charged with attempted murder. It may be extreme, but it might get the message across a lot better than the slaps on the wrist that are being handed out now.

Ntombi - posted on 07/19/2010

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Neither the mother or father are suitable to look after this child. He should be in foster care or in a childtren's home. It is not easy looking after a mentally handicapped child. This child will be abused physically and mentally. It was probably a male judge, no offence to men.

Kimberly - posted on 07/19/2010

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OMG reading this brought tears to to my eyes! How anyone could do that to a child is beond me but to then have a judge who is supposed to be one the victims side to say that this person should be a role model for him?!?!? To not swear I'll say thats messed up but I have better choice words! That child has lost so much at such a young age and to have the person who was the cause of it to be the main person in there life is wrong, having no parents is better then ones that will hurt you when you are completely defenceless. He should be locked up and so should that judge, can be sure that if it was the judges grandchild! Very disappointing

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