Sydney Man Accused of Bashing a Toddler Wants Bail
A Sydney man "fully denies" bashing a toddler when the boy's mother was away for about five minutes buying milk, his lawyer has told his bail hearing.
The 20-year-old, who cannot be named, is charged with four counts of causing grievous bodily harm with intent and three of assault occasioning actual bodily harm after the 18-month-old boy was hospitalised in April with serious injuries including a fractured skull and bite marks.
His lawyer, Joseph Harb, applied for bail in the NSW Supreme Court on Tuesday, submitting there were serious issues about the health of the child prior to the five minutes when the Crown alleges the man caused a number of injuries.
"These matters are to be defended - (the man) fully denies the allegations before the court in relation to the assault of the child," he said.
Mr Harb said the prosecution still had not provided an expert report on how the injuries happened - the issue that will be raised at trial.
"(The man) is someone who strikes me as someone who loves this child," he said.
Referring to a photo of a bite mark on the toddler's arm, Mr Harb said the mother concedes she has missing teeth while his client had a full set.
"Your honour will see missing teeth in the bite mark," he said.
In opposing bail, the prosecutor said the doctor's report had been delayed because of illness but it should be served on the defence within the next few days.
Responding to Mr Harb's question about why his client would commit such an offence, she said these kind of cases were often unplanned and impulsive involving a loss of control and frustration when dealing with a demanding ill child.
CCTV footage showed the woman returning from a petrol station at 10.53pm, then a triple-zero call was made at 11.01pm.
"Comments made by the applicant during the triple-zero call are also somewhat concerning," the prosecutor said.
"He says on a number of occasions she is exaggerating and she needs to calm herself down that she is over-reacting.
"Given the state in which the victim was found, in my submission, it is somewhat hard to fathom why he would consider that there is an over-reaction to very serious injuries."
Justice Lucy McCallum will deliver her decision later on Tuesday.