A Western Australian police officer has been sentenced to a 10-month community-based order after admitting to assaulting his five-week-old daughter at the family home in Stratton, in Perth’s eastern suburbs.

Nickolas Wayne Peake, 30, appeared before Midland Magistrates Court on 13 October 2026 after previously pleading guilty to aggravated common assault. The incident occurred in September when the infant woke crying during the night.

The court heard that the baby was lying in a bassinet beside her father’s bed at about 11pm. Peake initially tried to settle her, but when she continued crying, he picked her up by her sleep-sack and shook her back and forth three times while yelling at her.

His wife intervened immediately and took the baby away from him. The court heard that Peake then left the room. The family sought medical assistance, and the infant was taken to hospital. Medical examinations found that she had not sustained injuries.

During sentencing, Magistrate Paul Lyons emphasised the seriousness of the incident, particularly because of the child’s extreme vulnerability and the potential for severe injury. The court was told that shaking an infant can carry significant risks, even when no immediate physical injuries are apparent.

The magistrate acknowledged that Peake had been experiencing stress and difficulties associated with becoming a new parent. Evidence presented to the court included the family’s difficult birth experience, disrupted sleep and the baby’s crying. However, the magistrate stressed that these circumstances did not excuse the assault and that parents must manage the pressures of caring for a newborn without resorting to violence.

The court also considered Peake’s response after the incident. He had cooperated with authorities, sought help and expressed remorse. His early guilty plea was also taken into account when determining the sentence.

The magistrate decided that imprisonment was not appropriate and imposed a 10-month community-based order, which includes rehabilitation-related requirements. The court rejected an application for a spent conviction and ordered Peake to pay $850 in costs.

Peake had been stood down from his duties with the Western Australia Police Force following the incident. The court heard that the case could have consequences for his future employment.

The sentence has drawn attention to the risks faced by newborns and the importance of safe responses to prolonged crying and exhaustion. Health professionals advise caregivers who feel overwhelmed to place a baby safely in a cot, step away briefly if necessary and seek support from another trusted adult or a health service.

The case is now before the public following the court’s sentencing decision. The outcome reflects the magistrate’s consideration of the seriousness of the offence, the risk posed to the infant, the absence of physical injury and the circumstances presented to the court.