Man, 26, sent to jail for injuring his partner's five-year-old boy

Magistrate Ron Saines said the boy was left with bruising and signs of trauma on his upper body, neck and head consistent with a strangulation type injury.

Beau Davis, 26, pleaded guilty to causing the injury and appeared via video link from custody at the Ballarat Magistrates' Court on Monday for sentencing.

The court heard Davis was living with his partner and her children, including the child victim in November 2017 when the offending happened.

Mr Saines said the mother and other children were sleeping when the five-year-old boy and Davis got up about 6.30am and went into the kitchen.

The court heard the boy had some food, then became unwell and vomited and developed a rash.

Mr Saines said Davis told the boy's mother about his symptoms but she remained asleep.

The court heard Davis and the mother took the boy to the Sunshine Hospital later in the day but left without having diagnostic tests completed.

When they returned home they were met by child protection staff and police.

Davis was interviewed by police in May 2018 after the boy made disclosures Davis had hurt him.

The court heard Davis had pleaded not guilty and maintained the boy's injuries were sustained when he fell from a chair and Davis grabbed him.

Davis later pleaded guilty in October 2020 to recklessly causing injury.

Davis' defence lawyer submitted he cooperated with and assisted the boy's mother in interventions and did not hide the injuries.

Mr Saines said the fact Davis had maintained the boy had fallen and the marks were from the accident for almost three years must be taken into account.

"It is somewhat unusual circumstances of recklessly causing injury," he said.

"Acts committed to cause injury to such a young and vulnerable child certainly amounts to a serious offence."

Mr Saines said there was no evidence of ongoing consequences to the child from the injuries he sustained.

Davis also pleaded guilty to possessing weapons in a shopping precinct while on bail and shop theft. He was also convicted of breaching a community corrections order.

Mr Saines said he accepted Davis' drug abuse problems were at the heart of his impulsive conduct.

"This does not mean there is an excuse at law for your offending," he said.

Mr Saines said there needed to be an emphasis on denunciation and deterrence in sentencing and a consideration of rehabilitation.

"There needs to be an emphasis on denunciation of violence of this nature in family or child relationships and an emphasis on the message of deterrence," he said.

"I also accept the court must have regard to the principle of rehabilitation as well.

"Your age warrants assistance to deal with your removal from long term drug abuse as a focus of sentencing."

Davis was sentenced to a total of five months' imprisonment with 23 days already served.

He will begin a 12-month community corrections order when he is released with supervision, drug treatment, programs relating to violence and judicial monitoring.

Mr Saines said if Davis had been found guilty after entering a not guilty plea he would have sentenced him to seven month's imprisonment.

"No discount is provided to you in your plea for recklessly causing injury given the date it was," he said.

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