A Western Australian police officer who admitted assaulting his five-week-old daughter has been sentenced to a 10-month community-based order.
Nickolas Wayne Peake, 30, appeared at Midland Magistrates Court in Perth on Tuesday, where the circumstances surrounding the incident were outlined.
The court heard Peake was woken at about 11pm by his daughter, who was screaming and suffering from colic and reflux. He tried to settle her with a dummy and by bouncing her in his arms, but was unable to calm her.
Prosecutors said Peake then “lost his s***”, grabbed the baby with both hands and shook her three times, telling her: “shut the f*** up”.
The child’s mother intervened immediately and contacted a midwife for medical advice. The couple took their daughter to Perth Children’s Hospital the following day, after which Peake was arrested and charged with aggravated common assault.
The baby was not injured.
Peake’s lawyer told the court that pressures at work had worsened the stress at home. He had returned to work three days before the assault in September.
The court heard Peake was extremely remorseful and apologetic. He is now permitted to have supervised visits with his daughter, while his wife remains supportive and wants to continue their relationship.
The magistrate refused a request from Peake’s lawyer for a spent conviction. The maximum penalty for aggravated common assault is three years in prison or a fine of 36,000 Australian dollars.
Peake, who has served as a police officer for three years, was stood down from the force after the incident. He did not comment outside court.
