Ontario man accused of giving baby brain damage found not guilty

The court arrived at the decision when it decided that they couldn’t rule out the possibility that the mother had also been responsible for the injury.

The one-month-old newborn was rushed to the hospital on December 27, 2016. Subsequently, the then 19-year old father was charged with aggravated assault and failing to provide the necessaries for life.

According to a medical report, the child is facing “significant developmental delays and a limited prognosis for recovery.” Allegedly the child had been hit on the head, shaken or both according to an expert.

Ontario Superior Court Justice Joseph Di Luca said that the injuries were inflicted by one of the parents but the court could not determine which one based on the evidence available.

“This is an incredibly tragic case. A young baby, barely a month old, sustained severe brain injuries that imperilled her life. By some miracle, she did not die. Her life was, however, forever altered,” wrote Di Luca.

“On the evidence before me, it is likely that both (the mother and father) were too young and too ill-equipped to become parents.”

The court heard that the mother had gone out shopping with friends and only took the baby to the doctor once an acquaintance had expressed concern about the child’s twitching and condition.

The court also cited the mother’s lack of credibility as a reason for their decision.