FRUSTRATED that he was having to mind a baby while the mother was gambling at a local licensed premises, a 46-year-old threw the child about two metres onto a mattress on the floor.
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Police say he showed no consideration for the baby's safety or fragility and he had earlier pushed the child's pram with force so that it crashed into an obstruction.
Having been arrested, the man was described by police as extremely upset and visibly distressed when talking about the baby assault.
The Blayney man, who is not being named in order to protect the identity of the victim, appeared in Bathurst Local Court via audio-visual link from jail in January 2026 to be sentenced for contravening a prohibition/restriction in an apprehended violence order, possessing a prohibited drug and common assault.
He had pleaded guilty to all three charges previously.
The baby victim, according to police documents before the court, was about five months old at the time of the assault.
The man and the woman who is the baby's mother were in an intermittent de facto relationship throughout parts of 2021, 2022 and 2025, according to the police documents, but he is not the father of the baby.
A non-contact apprehended domestic violence order (ADVO) was granted in 2023 protecting the woman from the man and was in force until September 19, 2025.
The order included a condition prohibiting the man from "assaulting, menacing or harassing" the woman or anyone she had a domestic relationship with - in this case, her baby, according to the police documents.
Despite the ADVO, the woman and man had been living together at a Blayney house prior to the baby's birth.
The police documents said the woman was pushing her baby in a pram and was with a female friend as they walked along a footpath in Blayney in early September 2025 when they came across the man, who had been shopping.
The woman asked the man to walk the baby home in her pram.
The man agreed and took the baby home while the woman and her friend continued on.
Later, the woman and her friend went to a local licensed premises and gambled there for a period of time, according to the police documents.
The woman ignored three phone calls from the man at around this time.
The man arrived at the Blayney house with the baby at about 3.50pm.
A CCTV camera (capturing audio and video) in the loungeroom showed the man, in apparent frustration, pushing the pram with force, causing it to crash into an obstruction.
The baby started kicking her legs and crying.
The man walked out of the room and returned carrying a pile of books, which he slammed down at the base of the pram, causing the baby further audible distress, according to the police documents.
As he did this, he glared at the baby.
Moments later, he walked past the pram and, in one quick motion, picked the baby up with one hand and threw her approximately two metres onto a mattress on the floor, showing no consideration for her safety or fragility, according to the police documents.
The baby bounced upon landing, causing further distress, evident by the audible increase in the intensity of her screams, according to the police documents.
At this point, the man physically moved the camera, blocking its view of the room.
The woman accessed and viewed the footage remotely on her mobile phone and, having seen the assault, made arrangements to be driven home.
At the house, she confronted the man about throwing the baby and he denied any wrongdoing, according to the police documents.
The woman arranged for herself and her baby to be taken to Orange Health Service the next morning, where the baby was examined by medical staff.
No injury attributed to the conduct of the man was observed, according to the police documents.
Police became aware of the matter, started an investigation and arrested the man at 9.30pm that night.
When he was searched, cannabis was found in the pocket of his shorts.
During a later electronically recorded interview, he made admissions to living with the woman for at least five months, despite being prohibited from doing so by the ADVO, according to the police documents.
Police said he also admitted to throwing the baby by picking her up with one hand by the front of her jumpsuit.
He said he had become frustrated because the woman had left the baby in his care and she was uncontactable as she gambled at a licensed premises.
While in custody, the man was extremely upset when speaking in relation to assaulting the baby, according to the police documents.
Police said he appeared remorseful about his actions, becoming visibly distressed at various times.
In court
Solicitor Angus Edwards said his client had been in custody since early September 2025.
His client had continued a relationship with the woman "notwithstanding the existence of the AVO", Mr Edwards said.
Though a Sentencing Assessment Report referred to repeated domestic violence, Mr Edwards said he could see two other such offences on his client's record and they were both from some time ago.
"It does refer to recidivist," Magistrate Gemma Slack-Smith said of the report.
The assault against the young child "of course is a matter which would cause the court some concern", Mr Edwards said, but he said no injuries occurred.
His client was not working at the time and was caring for the child while the child's mother was working, Mr Edwards said.
He said "drug issues" may have contributed in some way to his client's frustration and him "not behaving in an appropriate manner" while he was caring for the child.
"I don't make that submission as a way of excuse," Mr Edwards said.
He said the AVO that was contravened was taken out in 2023 and "my client is certainly aware" of it.
Mr Edwards said there were some recommendations that his client agreed were appropriate, including mental health, drug and alcohol and anger management courses and the like.
He said he was conceding the Section 5 threshold (where there is no alternative to jail) had been crossed for the common assault, but he said the court could take into account time spent in custody.
Police prosecutor Sergeant Burgess said it was his submission that the Section 5 threshold had been crossed for both the common assault and the AVO contravention.
He said the child victim in the common assault was also covered by the AVO.
Magistrate's decision
Magistrate Slack-Smith said pleas had been entered in the matter at the first available opportunity, so the man was entitled to a 25 per cent discount on his sentence.
A Sentencing Assessment Report said the man had prioritised his desire to continue a relationship with the woman over the possible ramifications of his actions, she said.
The report said the man struggles to manage his emotions when under the influence and that he acknowledged the harm he could have caused to the victim, Ms Slack-Smith said.
For possessing a prohibited drug, Ms Slack-Smith convicted the man, but with no further penalty.
For contravening an AVO and common assault, Ms Slack-Smith imposed an overall sentence of 16 months.
The man clearly has an ongoing drug problem, needs to do something about it and would benefit from supervision, Ms Slack-Smith said.
She backdated his sentence to September 6, 2025 and imposed an eight-month non-parole period, making him eligible for release on May 5, 2026.
