Dad spared jail after his baby son died while in bed beside him
LOSS OF 15-WEEK-OLD IN ‘TRAGIC’ CASE IS PUNISHMENT IN ITSELF, SAYS JUDGE
A dad who woke to find his 15-weekold baby boy had died while in bed next to him has been spared jail for child neglect.
Jamie Lucas had consumed a significant amount of alcohol and a small amount of cocaine and was left in sole care of the little Frankie Lucas and two other children.
Lucas, who had drunk seven bottles of lager and some vodka, fears he may have lain on the baby in bed, but a court heard the child’s death could not be attributed to him.
The 27-year-old, of Grasmere Avenue, Walker, who admitted child cruelty by neglect, was left devastated by the death of Frankie and a judge said the loss of his son will be a long-lasting punishment in itself.
At Newcastle Crown Court, Lucas was given a two year prison sentence, suspended for two years, with a 12month night-time curfew.
Judge Sarah Mallett, who said the case was “tragic”, told him: “I note that the loss of your son will be an enduring punishment in itself, the impact of which cannot be minimised.”
The court heard Frankie’s mother had gone out for the night in November 2017 and left Lucas in charge.
She returned the next morning to find Lucas asleep in bed with Frankie and another child. The baby was unresponsive next to his dad’s leg.
The family, paramedics and hospital all tried to revive the baby, who had been recovering from bronchitis, but he was in cardiac arrest when he was found and could not be saved.
Lucas, who couldn’t remember putting Frankie in the bed, was in ‘acute distress’ when he realised what had happened and immediately confessed he was in the wrong.
Judge Sarah Mallett told him: “You thought you must have lain on the baby.
“You said, and I accept, you had not intended to hurt your son.’
Judge Mallett added: “Co-sleeping with a parent who has consumed alcohol and cocaine is acknowledged to be a major risk factor.”
The court heard the cause of Frankie’s death was unknown and judge told Lucas: “It cannot be attributed to you.”
But the judge added: “You did have sole care at the time of two young children and a baby, the baby had been poorly.
“You knew he had respiratory issues and he was, therefore, vulnerable.
“You deliberately engaged in that behaviour over a lengthy period of time. It was obviously going to, inevitably, render you unable to care for the children and keep them safe, which was your responsibility.
“That is the neglect you fall to be sentenced for. It was more than a momentary lack of control – you knew you had sole charge for them that night and you did disregard their welfare.”
Paul Caulfield, defending, said: “It’s an absolute tragedy, not just for the little boy but for the entire family, who have been completely devastated by what has gone on.
“He is rightly described as being genuinely remorseful, the offence has affected his mental wellbeing considerably.”
Mr Caulfield said Lucas and his partner, who is sticking by him, have been described as caring parents.