R v D

In the case of R v D, the offender was found not guilty of intentionally causing grievous bodily harm but guilty of recklessly causing grievous bodily harm to a child aged between 8 and 12 weeks old. The victim was born with several congenital abnormalities, and the Crown argued that the offender's actions resulted in life-long brain injuries, retinoschisis of the left eye, rib fractures, bruising, and an auricular haematoma to the ear. The Crown's case was that the injuries were caused by shaking, forceful holding and massaging the victim, as well as blunt force trauma, after the victim's mother heard a "thud". The defence, however, contended that the impact arising from the offending was less severe due to the victim's congenital abnormalities. The court found that the left-sided auricular haematoma to the ear was not established beyond reasonable doubt.

The legal issues that the court was required to decide included the objective seriousness of the offending, the relevant aggravating and subjective factors, the offender's prospects of rehabilitation, and the effect of COVID-19 on inmates. The court found the offending to be above the mid-range of objective seriousness due to the substantial harm caused to the vulnerable victim. Aggravating factors included the vulnerability of the victim, the offence occurring in the victim's home, and the offender being in a position of trust and authority. The subjective factors considered were the offender's background, mental health, offer to plead guilty, facilitation of the course of justice, and prospects of rehabilitation. The court found the offender's prospects of rehabilitation to be somewhat guarded and assessed the risk of re-offending as medium.

The court acknowledged the impact of COVID-19 on inmates and found special circumstances to be present. The offender was sentenced accordingly, taking into account the various factors discussed above. The final orders of the court can be found in the judgment from paragraph [191] onwards.