A man who brutally bashed his infant daughter to death could walk from jail after serving less than four years behind bars.
Brisbane father Rick Cataldo, 29, was sentenced to eight years’ jail on Monday for the manslaughter of Lily Rain Cataldo in 2012.
But Justice Debra Mullins said he would be able to apply for immediate parole because he had already served almost three years and 10 months in jail.
Brisbane father Rick Cataldo (pictured) was sentenced to eight years’ jail on Monday for the manslaughter of Lily Rain Cataldo in 2012
The court heard Lily was less than two months old when she suffered multiple skull fractures, four rib fractures and a spiral fracture to her right arm about seven to 10 days before her death.
Cataldo’s partner, Michelle Catherine Leask, told investigators she heard her daughter screaming on April 29 and walked in to find him ‘whacking’ the child repeatedly on the back.
Cataldo said Lily was having trouble breathing but said Leask should not take her to the hospital because it would be ‘selfish’ as it as another family member’s birthday.
Justice Mullins said over the following days Cataldo’s daughter slept more and more, became upset when she was touched and had a rattle in her chest.
Cataldo’s partner, Michelle Catherine Leask, told investigators she heard her daughter screaming on April 29 and walked in to find him ‘whacking’ the child repeatedly on the back
Between seven and 10 days later Leask found Lily was unresponsive while sleeping on the bed with her dad.
She was taken to hospital but could not be resuscitated.
Justice Mullins said Cataldo deprived his daughter ‘of the chance of living a happy and long life’.
Justice Mullins said his son, born before Lily, would also grow up ‘knowing that it was your actions who took away his sister’.
The court heard Cataldo had no criminal history before killing his daughter and had been caring for his partner at the time of her death.
Justice Mullins said she took into account his long battle with anxiety and low mood in determining his sentence.
Cataldo told Leask she should not take her to the hospital because it would be ‘selfish’ as it as another family member’s birthday
‘Subsequent to your daughter’s death, you made a number of threats to commit suicide,’ she said.
‘You have been treated for panic attacks, anxiety and depression during your time in custody.’
Justice Mullins said she agreed with Cataldo’s psychiatrist that his risk of reoffending was low and would be minimal if he stayed sober.
She also said his indication he would plead guilty during the committal process, showed he was remorseful about taking his daughter’s life.
Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14.
Cataldo will be able to apply for immediate parole because he had already served almost three years and 10 months in jail