Father loses appeal to quash GBH conviction for shaking his newborn son in Kilburn
PUBLISHED: 10:15 08 September 2016
A father who served a jail term for seriously injuring his baby son has failed in a Court of Appeal bid to clear his name.
Allen Young, 38, pleaded guilty in 1999 to seriously hurting five-week-old Michael by shaking him to stop him from crying.
Young, then from Kilburn, served a year-long jail term for the GBH attack.
However he was back before a court again in 2014 after the death of Michael - 12 years after he was injured.
Young, now from North Lanarkshire, was tried for manslaughter and found not guilty by a jury at Wood Green Crown Court.
Despite admitting he shook Michael, Young’s defence at the manslaughter trial was that other medical issues may have caused the brain damage which killed him.
His acquittal led to an appeal earlier this summer against his original GBH conviction, which he said was “inconsistent” with the not guilty verdict on the manslaughter charge.
Through his lawyers, Young claimed before Court of Appeal judges in London that the jury’s verdict showed he was “wrong” to have pleaded guilty in the first place.
But after taking three months to consider the case, top judges returned to court yesterday to dismiss Young’s conviction appeal.
Sir Brian Leveson said Young had admitted shaking Michael - who was found with numerous fractures - and pleaded guilty on the basis of legal advice at the time.
He added: “In the light of the evidence available for the first trial, there is no basis for contending that a defence to a charge of inflicting grievous bodily harm would quite probably have succeeded.
“There is thus no basis for treating the plea of guilty as a nullity or the conviction as unsafe.
“In the circumstances, this appeal against conviction is dismissed.”
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