A police officer in Perth, Australia, has been sentenced for shaking his newborn daughter after being woken by her crying. Nickolas Wayne Peake, 30, pleaded guilty to aggravated common assault of his five-week-old child, an incident that occurred in September at his family home.
Peake was given a 10-month community-based order, which includes rehabilitation programs. He has been stood down from his position with the Western Australian Police Force.
According to court testimony, Peake was awakened by his daughter's cries and initially attempted to soothe her with a dummy and by cradling her. When the infant continued to cry, he shook her three times, reportedly saying, "shut the f*** up," after he "lost his s**t."
The child's mother intervened immediately and took the baby away. Peake left the room and subsequently acknowledged the unacceptability of his actions, expressing remorse.
The following day, the family contacted a midwife, and the infant was taken to a hospital. Peake cooperated with medical staff and police when the incident was reported. The child did not sustain any physical injuries, and it remains unclear if her head was adequately supported during the assault.
Magistrate Paul Lyons described the offense as serious, highlighting the high risk of catastrophic injury and the betrayal of trust inherent in such an act. "Things could have been far worse than they turned out to be," Lyons stated.
The court heard that Peake was experiencing financial difficulties and stress stemming from a violent incident at work and his daughter's difficult birth. The infant was also suffering from colic and reflux, leading to inconsolable crying. Both Peake and his wife were reportedly getting only a few hours of sleep per night.
In his sentencing remarks, Magistrate Lyons emphasized the need for a strong deterrent message to the community, deeming Peake's actions unacceptable. An application for a spent conviction was rejected.
Peake declined to answer reporters' questions as he left the court.