SENTENCING STATEMENTS

Upon sentencing, Lord Harrower made the following remarks:

"XY, you have been found guilty of assaulting your six-month-old son, to his severe injury, permanent disfigurement, permanent impairment and to the danger of his life.  I shall call your son, John, though that is obviously not his real name.  The jury deleted that part of the libel which charged you with attempted murder. 

"On the morning of 1 July, 2023, John and his twin brother were left in your sole care.  You later called their mother in distress, saying, 'I think I’ve hurt John.' She returned home to find John lying on his back, his left arm occasionally shooting up into the air.  He was not making much noise, but when he did, he let out a scream.  John was rushed to the local minor injuries clinic, where staff immediately recognised signs of a severe head injury: reduced consciousness, abnormal limb posturing, a firm fontanelle, and a dilated, deviated right pupil. He was transferred to Raigmore Hospital, where a CT scan revealed a large left-sided subdural haematoma.  As a result, John was placed in an induced coma and ventilated, before being airlifted to the Royal Hospital for Children in Glasgow for emergency neurosurgery.

"In Glasgow, the neurosurgeon performed a craniotomy, evacuating a large, acute subdural haemorrhage.  He found a torn bridging vein, but no skull fracture or external injury. John’s brain was swollen, and he required further surgery for complications such as hygroma and raised intracranial pressure.  The consultant ophthalmologist found extensive, multilayered retinal haemorrhages in both eyes, a finding strongly associated with abusive head trauma. 

"Your explanation for what happened is that you tripped over a bouncy chair while carrying John, causing his head to jerk but without hitting anything.  However, the medical witnesses, with whom the jury must have agreed, found your explanation to be inconsistent with John’s injuries. 

"In sentencing you, I must assess the seriousness of your offence.  I do that by assessing your culpability and the level of harm caused. 

"So far as culpability is concerned, the starting point is that you attacked a vulnerable six-month-old baby, your own son.  John could easily have died, and you are very fortunate not to be facing a more serious charge.  Having listened carefully to the submissions of Mr McConnachie, I accept that there is mitigation.  This is your first offence.  There was no evidence that this was anything more than a “one off” incident.  I accept also that you will have been struggling with the demands of bringing up a young family, whilst holding down a job.  You have accepted a degree of responsibility, but no more than might be expected of a parent whose child was injured while left in their sole care.

"As regards the level of harm, the social worker reports that you lack insight into and tend to minimise the extent of John’s injuries.  Let me therefore remind you of the evidence that we heard.

"The neurologist confirmed that John had sustained severe, permanent brain injury with right-sided paralysis, seizures, and a poor long-term prognosis, including likely cerebral palsy and developmental delays.  John spent weeks in hospital, undergoing multiple surgeries and intensive rehabilitation. He continues to require physiotherapy, occupational therapy, and anti-seizure medication.  He cannot crawl or walk but has learned to shuffle along the floor on his backside.  He also uses a specialised supportive seat to get about.  He is expected to move on to using a wheelchair when he starts school.  Despite initial fears, his vision is better than expected.  He is now able to feed himself, a skill that took months to develop.   His mother, with the support of her own mother, manages all his care needs, including bathing, showering, feeding, and attending his numerous medical appointments.  Notwithstanding his profound disabilities, John was described by his mother as a happy and engaging child.  In a more recent victim impact statement, however, she reports that John has become increasingly unsettled. He struggles to sleep, struggles to go to the toilet and becomes frustrated and irritated in ways that are heartbreaking to watch as a parent.  Meanwhile, his twin has lost the normal childhood that they should have been able to share. As John’s mother puts it, the emotional impact of your actions reaches far beyond the courtroom and far beyond any sentence I can impose upon you today.

"But sentence you I must.  Taking all the circumstances into account, I have decided to impose a sentence of imprisonment of 7 years, backdated to 23 April 2026 when you were remanded in custody. 

"I will also make a non-harassment order, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the complainer named in the charge on the indictment, that order to subsist for an indefinite period.  The order is not intended to prevent any communication with a third party that may be necessary in order to facilitate the exercise of any right of contact."

29 May 2026