Tom was instructed to represent a father of two, accused of child cruelty against one of his sons, namely by wilfully assaulting him or ill treating him, leading to serious fractures to his right leg, suffered when he was 14 days old.
His son had sustained four metaphyseal fractures (fractures to the neck part of long bones), two of which, towards the ankle, appeared to have been caused at birth (he was born in the breach position), and two of which were caused around the knee, and were alleged to be non-accidental. J had had his son in his care on one night while his partner slept in the other room. J accepted causing the fractures to the knee but denied ever doing so wilfully. He accepted he had handled his son inappropriately when tired and frustrated with his son crying, but denied ever meaning to cause him serious harm. The prosecution rejected his case until close to the trial when representations were made that a plea to causing really serious harm without intent would be suitable. J pleaded guilty to an offence contrary to s.20 OAPA on the first day of his trial. In a sentencing exercise before Mr Justice Saidi, the Presiding Judge of the Western Circuit, a custodial sentence of two years was suspended for two years. His lordship was persuaded to give J full credit for his guilty plea as he had admitted causing harm in interview, and because s.20 was only put to him on the first day of his trial. There was also a significant discount from sentence for personal mitigation, including the fact that his ex-partner and mother of the boy supported him, and that J had a strong relationship with his son, notwithstanding the incident, and notwithstanding the involvement of social services and the family court.
Tom was instructed by Reeds Solicitors, Oxford,
Tom Orpin-Massey