PPS will not appeal 14 month jail term given to parents whose baby suffered multiple injuries

Last week at Antrim Crown Court the parents, who cannot be identified by reason of a court order and to protect their victim, were each handed 14 month sentences.

Judge Alistair Devlin ordered the defendants to serve seven months in jail and seven months on post-release licence conditions.

The court heard how a number of paediatric consultants had opined the baby sustained the injuries by non-accidental methods, such as forceful blows, rough handling or shaking or a combination of all three.

The judge said he had to sentence on the basis it was not possible to determine which of the defendants had caused the injuries, “however the fact remains that the serious and extensive injuries were sustained in a number of violent episodes.”

The defendants had originally been charged with inflicting grievous bodily harm with intent but ultimately, the prosecution accepted guilty pleas to a lesser offence of causing or allowing a child to suffer harm.

The charge stipulates that between April and June 2019, the baby, “having suffered serious physical harm as a result of an unlawful act,” the defendants either caused that serious harm or should have been aware of the risks and failed to take steps to protect the child.

“While neither is be sentenced as the perpetrator, each is to be sentenced for allowing the perpetrator to act as he or she did,” explained the judge as he imposed the 14-month sentences.

After the case was reported, the PPS were asked by Inside the courtroom NI if they intended to appeal the sentence, given the nature and extent of the injuries.

On Monday evening, a spokesperson for the PPS said that having carefully considered the matter, “the sentences passed did not meet the threshold in order to be referred to the Court of Appeal as potentially unduly lenient.”

Their statement in full outlined: “While sentencing is a matter for the independent judiciary, the Director of Public Prosecutions has the power to refer certain sentences to the Court of Appeal on the grounds that they may be unduly lenient.

“An unduly lenient sentence is one that falls outside the range of sentences that a judge, taking into consideration all relevant factors and having regard to sentencing guidelines, could reasonably consider appropriate.

“The prosecution team, having sought the views of Senior Counsel, carefully considered the sentences imposed in this case. In all the circumstances, it was determined that the sentences passed did not meet the threshold in order to be referred to the Court of Appeal as potentially unduly lenient.”