Lethbridge mother who failed to report violent abuse of infant gets 2 year jail sentence

WARNING: This story contains details of child abuse.

A Lethbridge, Alta. mother was sentenced Friday to two years in jail for failing to act when she witnessed her husband violently abusing their infant daughter.

The 31-year-old woman, who can't be named in order to protect the identity of her daughter, pleaded guilty to failing to provide the necessaries of life to the baby.

A joint sentencing submission for a two-year sentence plus three years probation was accepted by Justice Gregory Maxwell after submissions from prosecutor Drew Gillespie and defence lawyer John Oman.

"I recognize that she didn't inflict this harm but the trust comes because you're the mom," said Maxwell in handing down the sentence. "The law requires positive action."

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The baby, born on Dec. 5, 2022, was violently abused over her first six week of life.

"A young, healthy child was severely abused by her father in her own home and when the mother was given the opportunity to provide assistance she did not," said Gillespie in his sentencing arguments.

"The very people who were expected to provide her with love and safety were the very people who denied that."

The situation came to light after the roommate of the couple reported witnessing the father assaulting the newborn.

On Jan. 18, 2023, police discovered the girl in medical distress at her home.

• Lethbridge father who nearly killed infant daughter guilty of aggravated assault

The baby was ultimately airlifted to the Alberta Children's Hospital where doctors determined she'dsuffered severe injuries to her spinal ligaments haemorrhages in both eyes, and a detached and torn retina in her left eye.

The force required to cause those injuries to the baby would have been more than an automobile accident, according to the statement of facts.

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After spending three months in hospital, the infant was released in April. Her prognosis is "uncertain" according to doctors.

The child may have cerebral palsy as a result of her brain injuries and might be permanently blind in her left eye.

The parents' roommate, who was called a "hero" in court for his actions which likely saved the girl's life, told investigators he'd witnessed the father slapping the baby in the face and head, bouncing her off of the sofa and bed and pushing her head and chest into the couch and bed.

Father handed 7 year sentence

Investigators were also told the father put his hand over the infant's mouth and shook her.

The father told detectives he would get "frustrated" with his baby and once dropped her on a mattress out of frustration. He also said he had bounced her on the sofa and mattress, calling it "playing basketball with her."

In June, the infant's father pleaded guilty to aggravated assault and failing to provide the necessaries of life.

Earlier this month, he was handed a seven year sentence.

In his sentencing submissions, defence lawyer called the case a "difficult and troubling matter for everybody including, I would respectfully submit, [the mother]."

He described his client as a woman who has"lived a life without a lot of support." The woman spent time homeless,living on the streets and in shelters, struggling with substance abuse issues, said Oman.

The baby now lives with a foster mother who, in a victim impact statement, wrote that the girl has daily medical and physiotherapy appointments.