A man who shook a baby girl to death has been sentenced to at least six years in jail.
Tre James Rudolph was on Friday afternoon convicted of manslaughter for shaking 13-week-old Jasmine Wilkes, causing catastrophic and fatal injuries, at his Hamilton South home on the morning of August 4, 2020.
Acting Justice Robert Hulme handed Rudolph a maximum jail term of eight years, backdated to late 2020 for time he has already spent in custody.
Newcastle Supreme Court heard that Jasmine was in the care of Rudolph - the partner of her mother's sister - when he committed what Justice Hulme described as a "sudden, spontaneous act of violence" against the child.
After shaking her, Rudolph wrapped Jasmine and put her in a bouncer before he went to sleep - the cold and lifeless child was found by his partner, who sounded the alarm, a few hours later.
Justice Hulme said Rudolph shook the "extremely vulnerable" Jasmine for between three and 15 seconds, and referred to expert evidence that said a baby who had suffered the trauma Rudolph inflicted would have immediately shown signs of being gravely ill. He said those symptoms would have been "horrifying".
The court heard that Rudolph had previously been charged with murder and child sexual assault, but the assault charge had been dropped and the Crown had accepted his guilty plea to one count of manslaughter in place of murder.
Outside court, Jasmine's paternal grandmother Jayne Cvetanoski told the Newcastle Herald she believed Rudolph's jail term should have been longer.
"I don't think there was any justice given," she said, while holding one of Jasmine's booties.
"The current laws protect criminals. She was a little innocent baby. I don't think that person in there should have been given any leniency. I worry for other children's safety when he's around.
"I worry for the day I ever see him on the street or my son sees him on the street. The law needs to be changed so that criminals aren't protected so much."
Rudolph did not give evidence during the sentencing hearing and Justice Hulme said he was unable to come to a conclusion about whether he was genuinely remorseful.
He said Rudolph had hidden his involvement from police investigating Jasmine's death and had understated his actions - telling a psychologist he "just shook her a little bit" when the baby would not go back to sleep.
The court heard Rudolph was coming down from ice and had not slept the night before he killed Jasmine.
"I do not understand how being tired and exhausted can reduce the gravity of the crime," Justice Hulme said.
In a victim impact statement read to the court by a representative, Jasmine's father Danny Cvetanoski said his world had been "shattered" and he often had to fight back tears when he saw other fathers with their young children in the community.
He told of the "overwhelming sense of love" he felt when holding Jasmine for the first time and described his daughter as a "happy and beautiful baby who brought me so much pleasure".
"My life since losing Jasmine has never and will never be the same again," Mr Cvetanoski said.
"I desperately miss her little laugh and baby babbling."
Rudolph will be eligible for parole in December 2026.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
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