A man who fatally shook his girlfriend's baby could walk from prison after five-and-a-half years, with a tearful judge finding the killer was otherwise "caring" towards the infant.
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Jesse Vinaccia was on Monday jailed for his January 2016 treatment of 17-week-old Kaleb Baylis-Clarke, who later died in hospital from serious head injuries.
Kaleb was lying on a mat when in a "fit of frustration" Vinaccia shook him after a Facebook argument with the child's father.
Vinaccia, who was 22 at the time, put the baby down in a cot after the incident but a short time later found him unresponsive and called an ambulance.
The four-month-old boy was left with severe brain injuries and died in hospital a week later when his life support was switched off.
Vinaccia was found guilty of child homicide by a jury and Supreme Court judge Michael Croucher on Monday ordered a maximum jail term of eight-and-a-half years.
"Mr Vinaccia did not have a history of harming or abusive behaviour towards (Kaleb)," he said.
"On the contrary ... there was compelling evidence that he was very caring to Kaleb and that he helped Ms Baylis-Clarke a great deal with his care."
Judge Croucher also noted Vinaccia's lack of criminal history and unlikelihood to reoffend, by including the possibility of prison release on parole after five-and-a-half years.
Kaleb's father Shannon Spackman said turning off his son's life support was "the hardest thing" he's ever done.
Justice Croucher become emotional and he wiped away tears as he listened to evidence from the family.
"No one should have to bury a child.
"Nothing this court can say or do heal Kaleb's family's loss."
Vinaccia had moved in with young mother Erin Baylis-Clarke and her newborn only a few weeks before the incident.
She was at work when Vinaccia called her in a panic and asked her what to do with Kaleb who had stopped breathing.
The devastated mother previously told the court she had slept on a blanket next to her son's grave to be close to him.
"I don't get to see him grow up, never get to hear him call me mum or tell me he loves me," Ms Baylis-Clarke said through tears.
"Being a mother without a child to nurture is so empty."
Vinaccia later admitted to police he had been a bit rough with the infant after getting into an argument with Mr Spackman on Facebook.
He told police he had "put him down in the cot a bit hard".
Australian Associated Press
