“He checked the baby’s arm and saw that it was drooping, and panicked and put the baby in a sleeping bag”
Ra-shawn Oluwatobi leaving Liverpool crown court
A man “lost control” and broke the arm of a crying baby he was supposed to be looking after. Ra-shawn Oluwatobi, 27, put his hand on the three-month-old boy’s shoulder and deliberately pushed down on him after becoming frustrated with the baby’s wailing.
After breaking the boy’s arm, Oluwatobi reportedly panicked and placed the crying boy in a sleeping bag in his mum’s bedroom at her house. Later that day, he sent a message to the baby’s mum – who was not present at the time of the assault – telling her he had “f***ed up” and hurt the baby’s arm.
The mum initially could not see anything wrong with her baby, but took him to Alder Hey Children’s Hospital the next day after noticing he appeared to be having trouble moving his arm. There a scan revealed he had suffered a spiral fracture to his right upper arm bone.
Oluwatobi, of Laurel Road, Fairfield, was arrested, and later pleaded guilty to causing grievous bodily harm without intent.
At Liverpool crown court today, December 12, prosecutor Matthew Dixon said: “The defendant was at the baby’s mother’s house, minding the baby. The baby woke up and the defendant gave him a bottle. He started crying and the defendant tried to stop him, but nothing the defendant did seemed to be making any difference.
“After a short while the defendant got annoyed and put the baby down on a chair. He then lost control and put pressure down on the baby’s right shoulder, pushing down with one of his hands. The simply caused the baby to cry even more.
“He checked the baby’s arm and saw that it was drooping, and panicked and put the baby in a sleeping bag in his mother’s bedroom.”
Oluwatobi initially made no comment in a police interview, but later “made full and frank admissions to what had had done, and said what he had done was a mistake.”
Kay Driver, defending, said: “The defendant indicated his guilty plea at first appearance in court and made full admissions in his police interview. His admissions are confirmations of the remorse that he has shown, both to the probation service and with the police.
“This is an offence of which he is utterly ashamed and it’s clear from the statements of the baby’s mother that he was extremely ashamed and upset about what he had done. She speaks of him saying he had done something terrible and that he could not trust himself around the child.
“Since this offence the defendant has taken steps to rehabilitate himself. He has completed a course; he has visited his GP in relation to his mental health and he has been referred to talking therapy.
“Perhaps his background at the time goes some way to explaining why he was in the position he was. He had been out of work for nine months which is not normally the case for him. He was looking for work and struggling. He generally suffers from anxiety and stress and some of that is rooted in a disruptive upbringing. But he has taken steps to rehabilitate himself. He has his own home and he now has full-time work.”
Ra-shawn Oluwatobi, left, pleaded guilty to causing grievous bodily harm without intent
Sentencing, recorder W F Waldron KC said: “What you did, albeit in a moment of weakness and anger, was repugnant or any right-thinking person, and in my judgement merits imprisonment.
“You lost control of yourself, you applied such pressure to the arm of the baby that you broke it. But it wasn’t just a straightforward fracture, it was a spiral fracture, a more complex and severe form of injury. Happily the expert report highlights the fact that, although a severe injury indicating excessive force including a twisting motion, the prognosis is for a full and complete recovery.”
He said: “In my judgement this offence is so serious that neither a fine not a community sense is appropriate at all; it must be judged to be passed the custody threshold. Having said that, I turn to whether that is a sentence I can suspend in the circumstances.
“You were fully cooperative with the police in fairly short order. This was one instance where you lost control. It’s not a pattern of behaviour nor was it a prolonged attack. I accept that you have shown real remorse. I accept you’re ashamed of what you did, and so you should be.”
He added: “To take a more lenient course and suspend the sentence in this type of case is highly unusual, but that is what I am going to do.”
He sentenced Oluwatobi to two years in prison, suspended for two years. He must also complete 30 rehabilitation days and a 12 month mental health requirement course.