A MAN who shook a four-month-old baby so violently that she suffered a brain injury and may be left with permanent damage has been jailed for two years.

James Pemberton, 33, initially claimed the injuries had been caused by him dropping the little girl on her head, but he later admitted shaking her as he “momentarily lost it”.

The child’s mother said the impact of the assault on her daughter had “turned her life upside down” and unable to trust anyone with her children again.

Pemberton, of Cross Road, Manningham, Bradford, had pleaded guilty to a charge of assault causing grievous bodily harm prior to yesterday’s sentencing at Bradford Crown Court.

Prosecutor Simon Waley told the court that at around 2.30pm on November 16, 2014, a call for an ambulance was made due to the child being injured and slipping in and out of consciousness.

After she was taken to Bradford Royal Infirmary (BRI), tests revealed the infant had suffered a subdural haemorrhage to the brain.

Further examination then found retinal bleeding, bleeding within the spine, and bruises to her head and neck.

When interviewed by police, Pemberton said the child had fallen and hit her head on a windowsill from a height of around two to three feet.

Mr Waley said Pemberton’s explanation did not fit the pattern of injuries, which suggested “severe” shaking by taking hold around the child’s chest or shoulders.

Describing the child’s injuries, he said she suffered from problems with her eyesight and had suffered seizures, undergoing tests for epilepsy.

He said: “It is difficult to confirm the long-term injuries. Some further brain damage cannot be ruled out.

“One cannot imagine a more vulnerable victim.”

Reading a victim personal statement from the child’s mother, who cannot be named, he said the assault had “turned her life upside down”.

He said that when she walked into BRI and was told of her daughter’s injuries, she was hit by “immense fear, shock, pain, and confusion”.

Her statement said: “It was like living a nightmare. If it wasn’t for my family, I probably wouldn’t be here.

“I have become a recluse. I am scared to leave my children in case something happens.

“I am not sure I will ever recover from the mental trauma this has caused me.

“I will never trust anyone with my children again.”

Ray Singh, for Pemberton, said his client had admitted culpability for the child’s injuries.

“He accepts that momentarily, he lost it,” he said.

“They are actions that will stay with him forever.

“At the time, he genuinely believed the injury was caused by the bang on the head.

“He can’t do more than apologise and admit guilt.”

Judge David Hatton QC said he acknowledged that Pemberton had not had any intent to cause serious harm by his actions, admitting it was a “difficult case.”

He said: “I must have regard to the serious nature of the injuries caused, although it would be wrong to assume there will be permanent consequences, one simply doesn’t know.”

Describing Pemberton’s actions as a “momentary loss of control”, he said he was not satisfied that the sentencing guidelines properly catered for the offence in question.

“The extreme vulnerability of this victim and the ongoing effects on her and her mother take the case beyond the starting point normally applicable for a category two case,” he said.

“You could have accepted candidly what you had done at an earlier stage.

“But I am not blind, I know how difficult it must have been to come to terms with what you had done.”

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