Belfast Crown Court: Father who gave baby son brain damage avoids prison

A County Down father has been given a two-year suspended sentence for shaking his 12-week-old baby and causing permanent brain damage.

The 45-year-old cannot be named to protect the identity of his son.

At an earlier hearing, the defendant had pleaded guilty to inflicting grievous bodily harm on the baby on 30 December 2017.

A judge told Belfast Crown Court the baby is "now a profoundly disabled child".

He said the decision to suspend the defendant's sentence was because time in prison would make life much harder for the child and his mother, and the defendant had shown "a substantial amount of remorse".

The court heard that when a 999 call was made from the defendant's wife, she said her baby was "not breathing properly, his eyes were slightly open and was not responsive''.

The judge said the couple were given instructions to carry out CPR and the defendant "carefully carried out these instructions and his efforts at resuscitating his son were genuine''.

The court was told paramedics attending the scene said the baby was in cardiac arrest and immediately brought the baby to the Ulster Hospital where he was placed on a ventilator.

He was then taken to the paediatric care unit at the Royal Victoria Hospital in Belfast.

A doctor who examined the child said he had suffered a cardiac arrest at home while choking and the extensive injuries were consistent with a "traumatic injury".

'Communicates by crying'

The court heard evidence from medical witnesses who said the child had suffered a "traumatic brain/spinal injury which were compatible with a shaking injury following a momentary loss of control''.

The judge said the effect on the child has been "very profound"

"He has an acquired brain injury, he has had a fall in movement disorder, cerebral palsy and is fed through a tube in his abdomen.

"He is now a profoundly disabled child. He communicates by crying and facial expression and requires 24 hour assistance,'' he added.

The judge said it has been a difficult time for the defendant to come to terms with what he did and to accept responsibility for the injuries caused to his son.

He added that since the incident the defendant had "acted as a loving father to his son'' and despite his marriage ending, he remained an "integral and essential part of his son's care package''.

"This tragic case involved a loss of control for a very short time causing terrible consequences for the child," he added.