A man who shook a one month-old baby so hard that the poor infant suffered lifelong brain damage has been jailed for 33 months.
Philip Levins, of St Mary's Square, Lydney, was meant to be looking after the baby but when his mum returned she found the child "white as a ghost" and "gasping for air".
An ambulance was called and the baby was rushed to hospital with suspected brain injuries, reports GloucestershireLive.
Gloucester Crown Court heard yesterday (May 23) that the child will be disabled for the rest of its life as a result of the injury. Judge Michael Cullum said that having read a pre-sentence report on Levins, 30, he concluded that he had still not fully accepted what he had done.
Prosecutor Catherine Flint told the court that Levins was given the responsibility of looking after the month-old baby by the child’s mother at her home on Tuesday, October 30th 2018. Ms Flint explained: “When the child’s mother returned home at 11.30pm, Levins told her that there was something wrong with the baby and asked her if this was normal.
“She said the baby was as white as a ghost and was floppy in her arms. The child was trying to cry, but was unable to as it was gasping for air.
“The ambulance service was called and while waiting the mother went next door to seek help from a neighbour. She was given instructions by the call handler about what to do while the paramedics were on their way.
“On their arrival, the paramedics found that the baby was very calm, which was alarming under the circumstances. They also found unexplained marks on the baby’s body and immediately took the child to hospital for specialist treatment for a suspected brain injury.
“Levins responded to the information from the ambulance crew by asking ‘Is it that serious?’. He said he had been watching a movie with the baby sleeping on his chest. He then stated that the baby had woken up screaming and when he changed its nappy there was blood there as well.
“He also stated he had tripped over a shoe while carrying the baby from another room but he said he had protected the child whilst he stumbled.
“Levins also stated that when he fed the baby and was then winding the child it let out a huge yelp.
“The medics observed that Levins didn’t show any emotion while explaining these details to them. He told them that at no point did the baby bang its head on anything."
Levins was arrested the following day. He denied shaking the baby during the time he had care of the infant.
In a victim statement, the baby’s mother said: “I wish I had been around to protect my baby that night. This whole experience has broken me. I have been arrested, questioned and had to attend every court date.
“I think all the time about everything that happened to my baby on that day. I will remember this incident for the rest of my life. The baby will never be a normal child.
“I blame myself everyday for what happened. I wish I had stayed at home that evening.”
The court was told that the child, who is now four years old, is happy but is suffering from developmental delays and has seizures as a result of this brain injury. The child is also having problems in processing language and meaning and is not yet verbally communicating.
Levins pleaded guilty to a charge that, having responsibility for a baby, he wilfully assaulted/ill treated the child in a manner likely to cause it unnecessary suffering or injury to health on October 30, 2018.
Judge Cullum told Levins: “On October 30, 2018 you assaulted an infant child when the baby was left in your care. The mother must not feel any blame or responsibility for what you did.
“At some stage during the evening you violently shook the baby. Only you will know the circumstances.
“You have been on what has been described as a journey. You have been unable, or have chosen not, to come to grips with your offending. This is unfortunate as this deprives you of additional mitigation of remorse.
“I believe that over the coming years you will address your actions, of which you are ashamed and disgusted at what you did. But until you articulate that, those who deal with you are bound to have their concerns.
“However you did not seek to hide the child’s injuries. It was suspected at an early stage that the child suffered from a brain injury.
“Medical experts have stated that the child’s injuries are consistent with the baby being shaken. You never explained what happened that evening during your police interview or to the paramedics or to the child’s mother.
“What nobody can do is predict what the future will hold for the child as an adult. It is already suffering from development delays and seizures.
"The child has life-long injuries and a life-long disability as a result of your brief moment of shaking the child severely. That is something you will have to live with this for the rest of your life.
“The child will be permanently disabled for the rest of its life.”
The judge jailed Levins for two years and nine months.
