KILLER LACKED ANY REMORSE
NICHOLAS Baxter, who showed no remorse after he violently shook his six- weekold baby to death, will be jailed until at least April 2022.
Baxter was sentenced to nine years’ jail in Townsville Supreme Court yesterday after a jury found him guilty of the manslaughter of baby Matthew.
Justice David North ordered he not be eligible for parole before serving half of the sentence.
Baxter has spent just 24 days in jail since his arrest on November 20, 2011. He pleaded not guilty to murder but was convicted of the lesser charge.
Justice North said Baxter’s attack on his son had been “violent” and “prolonged” and he showed no remorse.
“You lied to the doctors at the hospital, who were professionally attempting to do all they could to save your son,” he said. “You sought to shift blame in this trial, by complaining of the treatment your wife received at birth by the obstetrician who delivered an apparently healthy baby.
“You lied in evidence, before the jury, when you said you had not harmed your son.”
Justice North said it was likely Baxter was “tired and frustrated” by his newborn baby when he shook Matthew.
Baxter had no criminal history, was well regarded by his family and served in the army for 18 years.
“Your actions and your lack of remorse reveal a darker side to your character than the otherwise public, apparent good character,” the judge said.
Crown prosecutor Nathan Crane said that months prior to the trial, the department offered Baxter the opportunity to plead guilty to manslaughter, but he declined.
“There is no remorse by the defendant for his son, he’s been a coward from start to finish,” he said.
Matthew died with brain swelling and bleeding and severe retinal haemorrhages.
He also had 17 healing rib fractures, some from three weeks and others from seven to 10 days old.
That showed Baxter had abused his son twice, probably squeezing him, before the fatal assault on November 3, 2011.
During the trial, Baxter called on medical specialists from North America, including Dr David Ayoub, who told the court Matthew had rickets, not fractures.
Mr Crane said in finding Baxter guilty, the jury had rejected the defence case.
“In my submission, ( Dr Ayoub) is completely without credit, as were most of the ( defence) experts in this trial. They seem to be the who’s who of courtroom opinion in America,” he said.
Defence barrister Lincoln Crowley said due to the nature of the offence, Baxter would likely be targeted in jail.
“He will be applying for and likely spending his time in protection,” he said. “That will have carrying with it, restrictions on association, access to services, access to courses.”
Baxter will not be visited regularly in jail – his parents live in Toowoomba and his wife will be posted to Perth with her job in the Royal Australian Air Force.
Justice North said no one in the family wrote a victim impact statement due to the “unusual” circumstances.
“I’m not saying they haven’t suffered, but they’re supporters of the defendant,” he said. “One can infer that the grandparents and Mrs Baxter have suffered because of the death of their child and grandchild.”
Mr Crane asked for a sentence of 10 years and Mr Crowley argued for eight years.