A Perth police officer has been sentenced to a community-based order for shaking his newborn baby after a court heard he “lost his shit” when the child would not settle in the middle of the night.
Nickolas Wayne Peake, 30, appeared in Midland Magistrates Court on Tuesday after pleading guilty to common assault in circumstances of aggravation over an incident at his Stratton home last month.
The court was told Peake’s wife had a difficult birth that left her with complications, and, coupled with the baby struggling to feed and sleep, had left the new parents “taking time to adapt to their new lives”.
Those stressors led to Peake shaking the baby three times after he struggled to get her to settle in her bassinet next to the bed late one night.
“He tried to shush her and bounce her in his arms, but she became increasingly unsettled,” prosecutor Ethan Heywood told the court on Tuesday.
“He grabbed her under the armpits and shook her three times before telling her to ‘shut the f--- up’.”
Peake later confessed that he “lost his shit”, after which his wife took the baby into the lounge and called a midwife for advice, fearing injury to the baby.
Peake sat in the lounge with his head in his hands, the court was told. He then went with his wife and the baby to Perth Children’s Hospital for a check-up, where he admitted in full what he did.
He then called his senior sergeant to explain what had happened and was later arrested and taken to Perth Police Station, where he took part in a police record of interview and made full admissions.
Peake’s lawyer Stuart Counsel told Magistrate Paul Lyons that the 30-year-old had worked in the homicide squad as a case manager and had previously Tasered a man who was holding a knife while fearing for his life.
He said this added to the stress Peake experienced during a “traumatic start to parenthood” which was exacerbated by the baby’s issues with colic and reflux that caused feeding and sleep issues.
“They were up for most of the night and only getting a couple of hours’ sleep,” Counsel said.
“He said the night was a blur, and he can’t explain what happened.
“He immediately said ‘f---’ when he realised what he had done. The midwife was called shortly after, and they went to hospital straight away. His only concern was the health of his daughter.”
Peake was suspended from work following the incident and has been subject to protective bail conditions in relation to his wife and daughter that he described as “crushing”.
“It is difficult to overstate the risk of harm to a child by shaking,” Heywood said.
“Mr Peake has failed to control his emotions at a difficult time, but we accept that the plea has come at the earliest opportunity, and we accept there is remorse and that he has taken full responsibility.”
Lyons told Peake his offending seemed to be “an isolated and out of character action” but said it was a betrayal of trust in relation to such a vulnerable victim.
“It’s hard to think of anyone who would be more vulnerable to an offence of this kind,” he said.
“It might be said shaking a person three times is not a serious application of force, but the context matters a lot - and in relation to a five-week-old baby, it is very serious.
“The risk of catastrophic harm to the baby’s health is notorious. You don’t need to be a doctor to understand things could have been far worse than they were.
“The child did not suffer any injuries and has been physically unaffected by the injuries. You can probably all appreciate how lucky you and she are because it can happen so easily.”
Lyon added that, despite the lack of injuries to the baby, he needed to send “a message to members of the community that physical violence of this kind is unacceptable” before refusing to allow Peake to have a spent conviction.
“It strikes me that the circumstances you face are similar to many other parents face,” he said.
“You need to learn ways to control yourself and deal with the stresses that come with being a new parent.”
Peake was sentenced to a 10-month community-based order that entails a program requirement that will be decided by Community Corrections.