Father appeals against GBH conviction for shaking his newborn son in Kilburn
- Credit: central news
A father whose son died of brain injuries 12 years after he shook him as a newborn baby in their Kilburn home is now fighting to clear his name.
Allen Young was living in Belsize Road, when he shook five-week-old Michael Winn in April 1998.
He was handed a 12-month sentence in 1999 after he admitted inflicting grievous bodily harm on the helpless lad.
In the intervening years, Michael had lived with a drastically reduced mental age, and was blind and mute.
When he died of brain injuries in 2011 his dad, by then living in Scotland, was charged with manslaughter and acquitted at the Old Bailey in July 2014.
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Today Young’s legal team launched a legal challenge over his original wounding conviction in London’s Appeal Court.
His QC, Adrian Waterman, argues that recent medical evidence shows that the shaking was not linked to Michael’s brain injuries.
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His condition probably resulted from a blood clot or infection which developed before the shaking episode, the barrister argued.
The jury’s verdict in the manslaughter trial also cast serious doubt on Young’s wounding conviction, said Mr Waterman
He added: “This is an exceptional and perhaps unique case.
“Both the age of the conviction and the fact that it was on his own plea make the case exceptional.
“What is perhaps unique is that the basis of the appeal is that a jury has found that, on the balance of probabilities, he was not guilty of that (wounding) offence”.
When Young was arrested in Scotland in March 2011 he told police he had “accidentally shaken” Michael for “mere seconds” after he had been up all night.
Sir Brian Leveson, Mrs Justice Holroyde and Mrs Justice May have now reserved their judgement on Young’s appeal and will give their ruling at a later date.