A 29-year-old West Australian man has been sentenced to 11-and-a-half years' jail for physically assaulting his baby son, including violently shaking him, leaving him with catastrophic injuries that led to his death.
WARNING: This story contains content that some people may find distressing.
In October 2017, Micheal Ashley Macrae rushed his six-and-a-half-week-old son to hospital in the Wheatbelt town of Narrogin, claiming he had woken up to find the child gasping for breath.
However, in reality, Macrae had shaken Nathaniel and subjected him to some kind of blunt force trauma, leaving him with injuries from his head to his feet.
The Supreme Court was told they included bruising to his face, chest, abdomen and buttocks as well as fractured ribs and vertebrae.
The most serious injury was to Nathaniel's brain, leaving him with no neural function, incapable of any movement and needing 24-hour care.
The child survived for just under 12 months but died in September 2018 at his mother's home from complications arising from his injuries.
Macrae was charged with murder, but after a nine-day trial last year, was found guilty of the lesser offence of manslaughter.
'I should have dropped you back to your mum'
The trial was told Macrae was only meant to have been looking Nathaniel for a short while, but when his mother Erica Lawrence tried to collect him, Macrae refused to give him back.
He kept him for two nights and during that time, police did a welfare check on the child and found him to be in good health and not injured in any way.
In the hours before Nathaniel was injured, Macrae's housemate said he heard him trying to settle the baby and saying "I should have dropped you back to your mum's."
Later, the housemate said he heard a thud coming from the direction of the lounge room, where Macrae was sleeping with the child.
At the time Nathaniel was rushed to hospital, Ms Lawrence was on her way to Perth to seek an order from the Family Court for Macrae to return him to her.
Macrae 'forcefully and vigorously' shook baby
Justice Anthony Derrick said he was satisfied from the evidence that Macrae had "forcefully and vigorously" shaken Nathaniel "for at least a number of seconds, and most likely longer."
He was also satisfied Macrae had inflicted blunt force trauma on the baby and while the exact nature of it could not be determined, it may have been striking him, throwing him or a combination of both.
"You shook Nathaniel and subjected him to physical abuse out of anger and frustration because you were unable to settle him." Justice Derrick said.
"You insisted on asserting your parental rights .... you failed terribly to fulfil your duty to care for Nathaniel.
The crime was aggravated by Macrae falsely telling medical staff and the police he had done nothing to the child, the judge said.
"You put your desire to escape responsibility for your conduct above the welfare of your son," Justice Derrick told the 29-year-old.
"Your attempt to avoid responsibility … was cowardly and cynical and it does you no credit."
Macrae was made eligible for parole and with time already served he will first be able to be released in January 2029.
Mother laments 'beautiful, innocent' boy
Outside the court, Ms Lawrence said she was satisfied with the jail term.
"I don't think it's enough, but in the legal system I suppose it's better that what we were hoping when we walked in here this morning."
She fought back tears as she described the toll Nathaniel's death had taken on his older sister, who is now five.
"She's doing the best she can at her age," Ms Lawrence said.
"We are answering questions that's appropriate for her age, and sometimes it does clear it up in the moment and sometimes it doesn't.
"It's just a work in progress finding the right way to discuss that and balance that for her and with her."
She wanted her son to be remembered as "a beautiful innocent boy."
"That's what he was, he was innocent, and he was vulnerable, and he should have had his father protect him and look out for him and not do this.
"I think it hits home a lot more knowing that it was his father who did this, and not some person.
Ms Lawrence's aunt, Cheyanne Taylor, said Nathaniel had brought so much joy to his family.
"He brought us a lot of hope. We were told he was going to die straight away, and he literally survived for a year after his injuries," she said.
"In our darkest times he brought us so much hope. Even though he's gone he's helping us heal. He was a little ray of hope."
