As we predicted...

We blogged a couple of weeks ago about James Hall, the Hawke's Bay teenager sentenced to a year's home detention for breaking the legs of his infant daughter by bending them back. We said at the time:

We are sure that the Crown will appeal the brevity of the sentence, which sends out totally the wrong message about child abuse. Hall admitted his offending, acknowledged that was he was doing was wrong, and left a baby with serious injuries. A prison sentence ought to have been a given, but once again, the courts have failed the victims. 

There's good news this morning, but not for James Hall; Stuff reports: 

The solicitor-general has appealed a sentence of home detention for a man who broke his daughter's legs in five places.

Hastings man James Hall was sentenced to 12 months home detention by Justice Mary Peters in the High Court in Napier on August 13.

The solicitor-general's office this morning confirmed an appeal had been lodged against the sentence. Appeals are filed when the office considers a sentence "manifestly inadequate".

The appeal is likely to be heard in the Appeal Court in Wellington. A hearing date has not been set.

When Hall, now 20, appeared in court his former partner - the girl's mother - said he had always been willing to care for their daughter and she was shocked to find that he had been badly injuring her when alone with her.

Hall pleaded guilty to a charge of causing grievous bodily harm with intent to injure and a representative charge of causing grievous bodily harm with careless disregard.

His daughter just four months old when admitted to hospital with injuries in March last year. 

We remain of the opinion that Justice Mary Peters made a significant error in judgment when she sentenced Hall earlier in the month. We are delighted that ther Court of Appeal will now reconsider Justice Peters' sentence.

Custodial sentences should be pretty much mandatory for child abuse. That Hall had inflicted such serious injuries on a defenceless four-month-old still horrifies. We hope that the Court of Appeal sends a strong message to Hall, to all the other James Halls out there, and especially to the Judiciary that non-custodial sentences for offending of this gravity, notwithstanding any mitigating circumstances are indeed "manifestly inadequate".