Edinburgh man who injured baby by repeatedly throwing him jailed

A man who repeatedly threw a two month old baby in the air causing the child to sustain multiple rib and leg injuries has been jailed for 13 months.

Liam Simpson, 22, was arrested after the infant, who cannot be named for legal reasons, fell ill and was taken to hospital.

The High Court in Edinburgh heard that doctors carried out X Rays on the tot and found he had sustained a number of painful injuries.

The court heard that medics concluded that the damage sustained by the little boy could only have been caused by somebody throwing him in the air.

Police launched an investigation and found evidence to prove that people had seen Simpson carrying out the activity.

Ordering Simpson to be supervised by the authorities for 12 months following his release from custody, Lord Woolman said: "You handled him roughly and in consequence he suffered multiple rib fractures and a fracture of his left thigh."

The story emerged after Simpson, also of Edinburgh, pleaded guilty in December last year to a charge of culpably and recklessly throwing the baby in the air at various locations in Scotland between December 28 2016 and March 17 2017.

After admitting the culpable and reckless conduct charge, the Crown accepted a not guilty plea to a charge which alleged that he assaulted the same child to his severe injury and to the danger of his life on the same dates and at the same locations as the culpable and reckless conduct charge.

Prosecutors also accepted a plea of not guilty to a charge which alleged that on December 8 2014, Simpson repeatedly inflicted blunt force trauma to a four week old child at a house in Edinburgh.

At earlier proceedings, prosecution lawyer Kath Harper told the court that witnesses were concerned by the way he threw the child into the air.

After the baby fell ill in March 2017, doctors concluded that the infant had been deliberately injured and contacted police who immediately launched an investigation.

The child had multiple rib fractures and injuries to his tibia and femur.

Ms Harper said: "In these circumstances the fact that the baby had been thrown into the air and grabbed on the descent could explain the rib fractures.

"The fractures were caused by pressure or compression. Some of the fractures were positioned at the back where the baby would be held in such circumstances.

"Because of the number and age of the fractures the baby would have been thrown and caught on more than one occasion.

"The rib fractures would have caused the child pain and the child would not have been able to breath normally while the fractures were healing.

"On March 24 2017, the accused was interviewed under caution in the presence of an appropriate adult. He denied handling the child roughly.

The court heard that Simpson had no previous convictions and has a learning disability.

Defence advocate Bert Kerrigan QC urged Lord Woolman to deal with Simpson by sparing him prison and imposing a non custodial sentence.

Mr Kerrigan said: "This is a wholly exceptional case."

He said a psychiatric report showed a "background and level of intelligence and understanding which goes some way to explain the conduct of the accused."

Mr Kerrigan added: "His conduct did not result in visible injuries and I think it can properly said on his behalf that he did not appreciate the damage that was being caused to the child.

"He thought the child was being amused by what he was doing, little realising that he was causing the child injury."

He said that a psychiatric report prepared on Simpson showed the remorse that he felt for his actions.

He said Simpson had been making efforts to improve his lifestyle and had secured a job.

Mr Kerrigan also said his client now understood enough of the situation that he had caused by his reckless behaviour and that it was unnecessary to impose a prison sentence on the first offender.

Lord Woolman also said he took into account that Simpson had a difficult upbringing and had ADHD.