Father Who Choked Infant Son to Induce Sleep Gets One-Year Sentence

The State Prosecutor's Office is appealing to the Supreme Court to increase the sentence of a father convicted of severe abuse against his infant son. For months, the father would choke the baby to stop his crying and make him sleep. The abuse began when the infant was only a month old, involving pinching, biting, and shaking. When the baby cried in the evenings, the father would press two fingers to his neck until the infant lost consciousness for several seconds and stopped crying. The court determined this choking method became the standard way to put the child to sleep.

The case came to light in 2018 after the mother suspected harm to the baby during a "Tipat Halav" (mother and child health center) visit, leading to intervention by social services and the police. Despite the severity of the acts, the Jerusalem District Court sentenced the father to only 12 months of actual imprisonment. The court initially set the appropriate sentencing range at two to four years but deviated downward due to rehabilitation considerations and the time elapsed since the offenses. This sentence was notably lenient, falling below the lower end of the range the court itself established, and was significantly less than the five years sought by the prosecution.

The State Prosecutor's Office, represented by attorney Yitzhak Fredman, argues in its appeal to the Supreme Court that the established sentencing range was too lenient and that deviating from it for rehabilitation was unwarranted. The appeal highlights that the father denied the charges during the proceedings, no probation service report was filed, and some caregivers were unaware of the abuse's severity. The prosecution contends that the repeated choking placed the infant in real mortal danger and that a one-year sentence "grossly trivializes" child abuse offenses, failing to provide adequate protection.

Past cases show varied sentencing for similar offenses. In 2020, a caregiver received a one-year sentence for abusing an 11-month-old, including choking, after taking responsibility and expressing remorse. In contrast, in 2006, the Supreme Court increased a father's sentence from 14 months to three years for abusing his five-year-old son. In 2003, another father received five years for abusing his infant son and causing brain damage. While these cases differ in severity, circumstances, and acceptance of responsibility, they illustrate sentencing disparities. The Supreme Court will now decide whether a significant sentence increase is justified in the current case.