A year after Carson Bennett's arrest, the two-year old girl he suffocated with water, hit and stuffed in a duffel bag still cries out in her sleep, Saint John provincial court heard on Monday.

Bennett, 20, also known as Madison Bennett, was sentenced Monday to three years in jail and 36 months of supervised probation after admitting he physically abused the toddler — the child of his ex-girlfriend — on at least five separate occasions.

"There were bruises that were fresh, there were bruises that were old, there were bruises all over that child's body," Judge Andrew Palmer said as the child's mother shook with sobs in the public gallery.

Bennett was charged with attempted murder and aggravated assault after admitting to police on Nov. 12 that he was responsible for the injuries.

Bennett, now 20, was initially accused of attempted murder of a two-year-old child. (Facebook )

On Dec. 4, 2018, he changed his plea from not guilty to guilty on the aggravated assault charge, and the attempted murder charge was withdrawn.

There is a publication ban on any evidence that would identify the victim.

'Fought over everything'

At a previous court appearance, the court heard Bennett and the child's mother had a rocky relationship and on many occasions "argued loudly, threw objects and swore at each other."

"We fought over everything," Bennett stated in a pre-sentence report dated Dec. 28, 2018.

In the same report, Bennett described abusing drugs, including marijuana, Percocet, and cocaine, starting at the age of 10. He also experimented with hallucinogenic drugs, and "bath salts" which Bennett stated he "administered into his eyes."

Toddler had black eye

On Nov. 8, 2017, neighbours complained to police about loud noises coming from the apartment.

Police found the child with a black eye and bruising on her cheeks, forehead and eyes.

The child's mother said the injuries were caused by falling off a high chair and in the bathtub.

According to Bennett's statement to police, the child was conceived during a sexual assault — and as he abused the child, he thought he was suffocating the alleged rapist.

He told police he was thinking about the fact that the child was a "rape baby" and experiencing auditory and visual hallucinations when he held his hand over her for "three or four minutes" until her face was purple and her legs were kicking.

He told police he was thinking, "You wanna fight, I'll get you even worse."

Bennett pleaded guilty to aggravated assault, and the attempted murder charge was withdrawn. (Facebook)

Bennett resuscitated the child using CPR after she lost consciousness.

On another occasion, the baby fell face first in the bathtub while her mother was at work. Bennett, who was watching the child at the time, grabbed the child and held her down as she tried to get back up, pouring water over her face" four or five times" so she couldn't breathe.

The child still "refuses to take a bath in the regular bathtub, and will cry whether she is put in [it]," the toddler's grandparents wrote in a victim impact statement, which was quoted in court.

Bennett told police that he "did not know why he did this" and "couldn't take her crying and screaming 24/7."

Disruptive behaviour

Bennett sat in the prisoner's dock Monday wearing grey prisoner's sweats with close-cropped brown hair and a single silver earring.

His time in rehab and jail have been marked by disruptive behaviour, according to the pre-sentence report.

Bennett has "accomplished nothing" while incarcerated, Palmer said.

"For rehabilitation to occur there has to be a ground change in your attitude. … You had an opportunity to further your education and all you did was cause a disruption to others who were trying to do the same thing."

Bennett has 'accomplished nothing' while incarcerated, Judge Andrew Palmer said, instead causing 'disruptions' for other inmates trying to further their education. (Facebook)

He sentenced Bennett to three years, but was credited with 18 months for time already served.

'Reprehensible' actions

In delivering the sentence, the judge called Bennett's actions "reprehensible."

"I don't understand what was going on in that household [but] Mr. Bennett was in a situation he was unprepared for, not much more than a child himself."

"It was a responsibility he was extremely ill-prepared to accept … [and] that combined with substance abuse almost spelled disaster for that child," Palmer said, adding the one positive thing is that the child is being well cared for by her grandparents.

"Fortunately, there is a caring and nurturing home that she has been able to go to."

Under the conditions of his probation, Bennett must keep the peace, have no contact with the victim's family, abstain from drugs, participate in treatment and counselling, submit a DNA sample and not own weapons for 10 years.

"I love you Madison," shouted one of Bennett's family members from the gallery as Bennett was escorted out of the courtroom.



