Serious injuries were noticed during a routine check-up on a one-month-old baby from the Tulln district. The little boy suffered fractures in both shins and fibulae, a fractured skull and bleeding into the brain. As it turned out, his father was to blame. At the hearing at the regional court in St. Pölten, he confessed.
The defendant’s lawyer emphasized that the 21-year-old was “terribly sorry” for the incidents. He stated that the accused suffered from visual impairment and therefore had difficulty taking care of the baby. According to the mother and the 21-year-old himself, he also had problems with aggression and was often very impetuous with the child. According to the defendant, the broken legs happened while putting on pantyhose. It would have been difficult for him because of his impaired vision. The skull fracture is said to have happened when the baby fell on the floor. The mother also noticed this incident and said she heard a bang. However, the accused is said to have told her that only the wet wipes had fallen down.
No other signs of violent handling of the child
However, according to a medical report, the baby’s injuries were caused by isolated incidents. There were no other signs of violent handling of the child. The information about the origin of the injuries are also plausible. Accordingly, the 21-year-old was found guilty of negligent bodily harm. He was sentenced to eight months probation and has to pay his son 11,400 euros in damages. In addition, the accused must pay for all further consequential damages. In addition, probation assistance and instructions for parental counseling were issued.
The judge emphasized that in this case the parents, who are both handicapped themselves, were overwhelmed. When in doubt, he assumed that the defendant did not intentionally want to hurt the child. There was also criticism that the parents had not received support more quickly. The help was “unfortunately too late” for the baby. The judgment is final.
