Family relieved as baby basher Adam Boardman jailed

By Emma Spillett
Updated November 6 2012 - 1:55am, first published April 4 2011 - 11:05am
Adam Boardman was jailed for a maximum 10 years.
Adam Boardman was jailed for a maximum 10 years.

A man who shook a five-month-old baby will spend a minimum six-and-a-half years in jail for the offence, but the victim's parents say the injuries their son sustained during the incident will last a lifetime.The parents, who can't be named for legal reasons, were present in court yesterday when Adam Boardman, 38, was given an overall sentence of 10 years for causing grievous bodily harm with intent while babysitting their son on May 8 last year.Speaking from their Illawarra home after the hearing, the pair said they were happy with the outcome but had mixed feelings about whether justice was served."It's that sort of yes but no answer," the 22-year-old mother said. "It's not fair because [Boardman] can walk out of jail but [our son] has to live with his injuries for the rest of his life."When the baby was taken to Wollongong Hospital on May 9 last year, CT scans of his head showed a subdural haematoma on the right side of his brain and a small left frontal subdural haematoma, facts before the court said.In an email tendered to the court, Sydney Children's Hospital Paediatric Rehabilitation head Dr Adrienne Epps wrote that he would have permanent physical and cognitive disabilities resulting from brain injury."[He] will always have the left-sided weakness and physical impairment causing permanent difficulties with physical function as he grows," she wrote."He will walk eventually but this will be delayed ... in the left upper limb he will not be able to [use] the hand and arm for normal grasp and movement ... he will always require extra support for his learning."The boy’s 20-year-old father said while his son had sustained permanent injuries, he hadn’t lost his personality.‘‘He’s still a happy kid ... he’s going to get better, of course, but he’s still going to have issues,’’ he said.‘‘He’s not a slow kid but he’s never going to be the same as other kids ... even now, he doesn’t use his left hand at all, it’s just things like that.’’During a disputed facts hearing last month, Boardman admitted he held the baby up in his cot by grabbing his head with both hands and shook him for between 20 and 30 seconds.Boardman also told the court that earlier in the evening, the left side of the child’s face came into contact with the kitchen doorway.In yesterday’s judgment, Judge Paul Conlon rejected Boardman’s version, stating he was satisfied beyond reasonable doubt there was no such accidental contact with a door or doorframe.The court also heard Boardman was leaning on the sides of the cot observing the child, when the left arm of the cot collapsed, causing him to fall in and make contact with the baby.Judge Conlon also rejected this claim, saying he was satisfied this was another attempt by the offender to explain away at least some of the injuries by an accidental contact.‘‘I am satisfied beyond reasonable doubt that the subdural haematomas as described by Dr [Dimitra] Tzioumi and the bilateral extensive retinal haemorrhages could not have occurred by any accidental event as described by the offender,’’ he said.‘‘Dr Tzioumi said those injuries do not happen with minor force; she said they occur with serious, severe force and it needs to be repetitive.’’Judge Conlon told the court a clear aggravating factor in the case was that there was a gross breach of trust.‘‘At just five-months-old, this tiny child was totally vulnerable,’’ he said.‘‘The child and its parents were entitled to expect the offender would protect and care for [him] while babysitting along with his partner in his own home...’’‘‘The offender would have known he could have seriously injured that child and yet he simply left the child in the cot, went to bed and did not bother to check on the child throughout the remainder of the evening.’’

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