Western Australian officer sentenced over shaking five-week-old daughter
A Western Australian police officer has been sentenced after shaking his five-week-old daughter because her crying woke him from sleep. Nickolas Wayne Peake, 30, pleaded guilty to aggravated common assault and received a 10-month community-based order, with the magistrate noting that such offences are serious breaches of trust and carry a high risk of catastrophic injury.
Peake was sleep-deprived and financially stressed after a traumatic work incident, whilst his daughter was suffering from colic and reflux. He attempted to comfort the infant with a dummy but shook her three times when she continued crying; the child's mother immediately intervened and took the baby. The child sustained no injuries, and Peake cooperated fully with authorities the following day, demonstrating immediate remorse. The magistrate stated that a strong deterrent message was necessary and rejected Peake's application for a spent conviction, whilst Peake has been stood down from the Western Australian Police Force.
- WA police officer sentenced for shaking newborn daughter
- 10-month community order; child sustained no injuries
- Officer was sleep-deprived, stressed by work incident
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A Western Australian police officer has been sentenced after shaking his infant daughter when her crying woke him from sleep. Nickolas Wayne Peake pleaded guilty to aggravated common assault. The magistrate emphasised that such actions against infants are serious breaches of trust and carry a significant risk of catastrophic injury.
Peake was sleep-deprived and financially stressed at the time, whilst his daughter was suffering from colic and reflux. When gentle comforting methods, including a dummy, failed to soothe the baby, he shook her three times before her mother intervened. The child sustained no physical injuries.
Peake received a 10-month community-based order after cooperating fully with authorities and showing immediate remorse. The magistrate rejected his application for a spent conviction, emphasising the need for a strong deterrent message. He has been stood down from the Western Australian Police Force.
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The strongest fair case each way — we don't pick a winner.
The case for
Whilst shaking a baby is undeniably serious, this officer was in acute crisis—severely sleep-deprived, financially stressed, and traumatised—dealing with an extraordinarily difficult infant with colic and reflux. Crucially, no injury occurred and he demonstrated immediate remorse and full cooperation with authorities. The punishment imposed—removal from policing and a community order—is substantial and sends a clear deterrent message whilst allowing rehabilitation rather than destroying someone who has acknowledged their grave error and shown genuine reform.
The case against
The seriousness of shaking a baby cannot be overstated, as it risks catastrophic injury and death; the magistrate was right to emphasise this as a fundamental breach of trust. Personal difficulties, however genuine, cannot mitigate violence against a defenceless infant, and a community order sends a concerning message about accountability in such cases. Strong deterrence is essential precisely because trained professionals must be held to the highest standard; if substantial harm occurs, leniency based on stress or lack of injury being fortuitous undermines child protection and public confidence in consequences for those in positions of trust.
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Originally published by Daily Mail as “Perth police officer who shook his newborn baby girl because her crying woke him up is sentenced”.