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Father terrified to be with own kids

18:36 AEDT Fri Sep 10 2010
Josh Jerga
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A West Australian father who handled a two-year-old child so roughly he died is now terrified to be left alone with his own children, a judge says.

John Alexander Anderson, 27, was sentenced in the District Court in Perth on Friday to three years' jail for unlawful assault on a child resulting in death.

In September last year, Anderson's two-year-old nephew Reef Marley Dyson was sleeping over at Anderson's Golden Bay home in WA's south.

While Reef slept in the living room, Anderson stayed awake playing online poker and smoking marijuana.

At about 10pm, after accidentally waking the two-year-old, Anderson began playing "tickle monster" with Reef in an attempt to tire him out and have him fall asleep.

But Anderson became increasingly frustrated and resorted to picking him up around the arms, shaking him and putting him on the couch, making the boy cry.

Anderson then placed a hand over Reef's mouth, telling him to be quiet.

"You also acknowledge that you'd snapped and you'd flipped out of your chair when you were at the computer in order to shake him on the couch, and to say to him, `Why aren't you going to sleep?'" Judge Julie Wager said.

When Anderson's own young daughter awoke, he began playing with Reef again by giving him what they called a "milkshake" - swinging him around by his legs and having him fall on a mattress.

Reef ended up smacking his head against the floor.

"He began gasping, you grabbed him, to find that his head had gone back and his body was limp," Judge Wager said.

"Now, it seems that it was after that second milkshake that he'd started to whinge or cry again, and you then put your hand over his mouth for a second time."

Despite paramedics treating Reef and attempts at CPR, the boy later died.

In sentencing Anderson, Judge Wager found he had handled the small child roughly in "anger and frustration" and that resulted in his death.

"I accept that you never intended to hurt Reef and that you are shocked and are indeed overwhelmed yourself about what has occurred," the judge said.

"Personally, you're terrified to be left alone with your own children, and you worry for their health and wellbeing."

Judge Wager said Reef's death was a tragedy for everyone who loved and cared for him.

"The grief and sadness experienced by Reef's mother is indescribable, and I accept that the pain of her loss has shattered her life and will continue to do so," she said.

The judge said there was now a terrible rift in the family leading to threats of violence and hostility among family members.

"This is regrettable and destructive," she said.

Anderson was sentenced to three years' jail and will be eligible for parole.

 
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