An “evil” thug will walk free from prison despite headbutting a young mum while she was holding their newborn child.
John Whinnett broke a newborn baby’s skull and ribs, leaving the child brain damaged and disabled, in may 2012.
The then 20-year-old, of Liverpool, England admitted unlawful wounding and was jailed for three years in 2013.
A court heard today how Whinnett, now 27, had a baby daughter with Paige Scaratt last year.
And while Miss Scarratt was holding their four-month old child, he headbutted the mum, causing her nose to bleed over their baby daughter.
Whinnett was set to stand trail charged with assault causing actual bodily harm, which has a maximum sentence of five years in prison.
The Crown Prosecution however, accepted a plea to common assault, which carries a maximum of just six months.
Judge Neil Flewitt, branded it “wholly inappropriate” and fumed when told Whinnett had spent three months on remand in custody.
With his hand tied, the furious judge said: “So he is going to walk out of prison in a day or two.”
Liverpool Crown Court heard how Miss Scarrett ended their eight month relationship due to the defender being aggressive, violent and controlling.
Whinnett said he wanted to see his daughter over Christmas and went to Miss Scarratt’s home on December 29.
The court heard he started shouting and criticising the way she was bathing their baby, so she walked away into the kitchen.
But he followed her and when she turned, still holding the baby, he headbutted her “without warning” and she fell to the floor, he continued to threaten Miss Scarratt, before being arrested on December 30.
The judge said Whinnett attacked the mum in her home, “where she was entitled to feel safe”, while she had a child in her arms.
Judge Flewitt said he would have jailed him for six months but for his guilty plea, which entitled him to 15% credit, meaning a sentence of five months.
The judge said: “In my view that is a wholly inadequate punishment for the incident that I have described. That has been brought about by the decision of the prosecution to accept what I regard as a wholly inappropriate plea.”