SENTENCING STATEMENTS
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HMA v Kimberley Ann Dow
Sep 10, 2024
On sentencing, Lady Ross said:
"Kimberley Ann Dow, following trial, you were found guilty of a charge of attempted murder. Your victim was a five-month old baby. He had been entrusted to your care for an overnight stay. You were supposed to look after him but, instead, you assaulted him by shaking him, inflicting trauma to his head, to his severe injury and to the danger of his life, and you attempted to murder him.
The medical evidence in this case was that the injuries sustained by this baby were such that they could not properly be explained by an accidental fall from a sofa, as you suggested. Rather, the clear and consistent view from highly skilled and experienced doctors was that these injuries, including damage to the brain, were severe and that the cause was highly likely to have been abusive head trauma, from a prolonged and violent episode. One doctor compared the severity of the injuries to those which might be seen in a high velocity road traffic accident. The injuries which you inflicted could have caused his death. It is obvious that a sustained assault of this kind on a baby will risk causing very serious injury and will put his life in danger. You must have known that.
You sought to evade any responsibility, claiming that the baby might have sustained minor injuries through a fall when you left him unattended, and, if it were anything worse, you tried to put the blame for this on someone else. However, the jury were satisfied, on the basis of all of the evidence, that this was a sustained attack and that you were the person responsible. The criminal justice social work report makes it plain that you continue to deny responsibility and, as a result, it is impossible to come to a view as to exactly how and why you acted in this way.
The evidence of the consultant paediatrician was that, at the time they were inflicted, the injuries would have been very painful and would result in the baby being extremely upset. The baby was taken to hospital the following day with symptoms including vomiting and he had to be transferred to another hospital for more specialised care. He began to experience seizures and was taken in to the high dependency unit for a short period. He remained in hospital for more than three weeks. There is limited information about the progress that the child has made to date. There are, fortunately, indications that he has made a good recovery so far, although the person now caring for him has provided some information about his having to attend numerous hospital appointments and about him learning more slowly than other children his age. I am able to place only very limited weight on that. There is no clear information about the specific longer term prognosis for this child.
I have considered with care the terms of the social work report and all that has been said on your behalf by Mr Martin. I have taken account of what is said about your mental and your physical health. I understand that you have had very difficult experiences, especially as a child, but also as an adult. Your own family circumstances have been challenging in various ways. It is clear that you have a long way to go in addressing all the difficulties that you face, and that you will need support in the period ahead. I am concerned that you consider that what you still see as malicious allegations have ‘ruined your life’ but that you have no insight into the crime you committed, or its consequences, and that you show no concern for the welfare, then or now, of the baby you assaulted.
You are now 34 years old. You have previous convictions which are non-analogous. I have considered whether an extended sentence would be appropriate in your case, taking account of the observations in the social work report, but I do not consider that the statutory test is met.
You committed a very serious offence against a vulnerable infant in your care. You have tried to evade or at least minimise responsibility. Your actions are unexplained and quite possibly inexplicable, but a substantial custodial disposal is necessary. You will serve a period of imprisonment of eight years and six months. That will be backdated to 13 August 2024, that being the date when you were remanded in custody.
I confirm that notification of this conviction will be made to the Scottish Ministers in terms of the Protection of Vulnerable Groups (Scotland) Act 2007."