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Thursday, February 23 2012

Dad James Horton avoids jail for battering baby

A young dad who lost his temper and broke his baby daughter’s arm was told he had has escaped a jail sentence by the skin of his teeth.

James Horton was sentenced on the basis he was a loving father who had a momentary lapse of control.

He was not being punished, said a judge, for several older fractures baby Scarlet was found to have to her ribs.

The 27-year-old former Maidstone schoolboy, of St Theresa’s Close, Ashford, was given a suspended sentence of just under a year with 250 hours unpaid work and two years supervision.

Horton denied cruelty to a person under 16, causing grievous bodily harm with intent and a lesser offence of inflicting grievous bodily harm.

He was convicted in November of inflicting grievous bodily harm by an 11-1 majority and cleared of the other charges.

Maidstone Crown Court heard the child was just three months old when she was taken to the William Harvey Hospital in Ashford on March 30 2010.

He had been looking after Scarlet while her mother was visiting friends.

He later claimed the injury to the child’s upper left arm may have been caused by her getting tangled up in the bars of her cot.

Horton, who left Swadelands School in Lenham with six GCSEs before working on the railway, denied he had harmed his daughter in any way.

Asked if it was true he had assaulted and mistreated Scarlet, he replied: "No, of course it isn’t. I loved her."

Judge David Griffith-Jones QC said he made it clear that while it was a disturbing feature she was found to have historic injuries, he was being sentenced on the basis it was a single offence and he did not intend to cause serious injury.

"I sentence you on the basis the injury was the result of a sudden and momentary loss of control on your part," he said.

"Plainly, she was vulnerable. At the material time she was in your care and wholly dependent upon you."

The child, now in foster care with Horton having supervised contact, had recovered, he added, with no ongoing complications.

Tuesday, January 24 2012

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  • AJS wrote:

    I always find those arguments devoid of punction to be the most compelling.

    With every intention of setting the taper alight...I would argue that it is very much in the public interest to be aware of a violent criminal charged with injuring a child. Who knows what such an individual will be capable of in the future? Besides, I'm always interested to know what the people living off benefits are doing with my tax money. KABOOM!

    01 Feb 2012 1:09 PM

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  • from kent wrote:

    Well the thing is if a name had been put forward and taken seriously then the father would have been let off and as a result this article would not be here! So I think once again you need a reality check and to ‘get a life’. "I sentence you on the basis the injury was the result of a sudden and momentary loss of control on your part" what sort of father does that?? Who loses control and breaks their baby’s bones? As for the other injuries, I feel so sorry for this little girl and I hope they do not get her back, there are so many people who are desperate to adopt that would give her a stable, loving home and not break her bones!

    28 Jan 2012 10:16 PM

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  • get a life wrote:

    obviously you cant read it says names can not be used at this stage due to whats going on and there was an admission to certain incidents which is currently being addressed so once again have the intelligence to keep out of what it not your concern its not your child or business to get involved in something you know nothing about concentrate on your own life instead of other peoples

    28 Jan 2012 9:44 PM

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  • from kent wrote:

    What sort of person lashes out at a baby and breaks it’s bones? I find it interesting that others are so quick to defend him! Unless you were in the room or whatever with him, how can you be 100% sure he didn't do it? The fact is you can't, unless of course it was you that hurt that baby!? His love and desire to protect his daughter was not strong enough for him to control himself and as a result she was hurt and rightly taken into care, how is this someone else’s fault? What I don’t understand is if everyone is so damn sure it wasn’t him why have they not named the person responsible and had them sent to jail? Just seems odd that he would rather protect this person (assuming the injuries were caused by someone else!) than have them punished for hurting her. If they know who did it why are they not saying anything… seems simple enough to me! And to those saying we should not be allowed to make comments or have opinions, you need to understand the reality of life and get over your own self-importance, if he didn’t do it who did… father Christmas perhaps!?!?!

    28 Jan 2012 8:11 PM

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  • get a life wrote:

    firstly no one knows anything about this case except the families involves there have been several comments and accusations by people who only know what they have read yes people do get it wrong and innocent people are blamed as anyone who has dealing with these people will know there are aspects of this case that have been kept quiet due to lies and false statements in court i can not reveal any more as the appeal is ongoing those that know the family know that they would never defend anyone that did something of this nature thats why he has there full backing and support the news paper has made this out to be something its not and i for one know that child never had a single mark on her and so do the numerous doctors that examined her but the mention injuries dated to a time when she was in someone elses care hopefully in time the real truth will come out and those that are really guilty will be shown for what they are and for those of you that feel its there business to get involved i suggest you dont as you are not helping i understand peoples anger but they are not aware of the full facts so think what you like but to be honest its no ones business but the people involved and god forbid this ever happened to any of you out there as you have no idea what they have had to deal with and dont think things cant happen to you because it does

    28 Jan 2012 12:08 PM

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  • Out of sittingbournre now thankfully wrote:

    The people who are defending him are alluding to the fact that we don't know all the facts and that he is in some way innocent in this, can you please enlighten us as to why? Else normal rational people will continue to castigate him and with good reason.

    28 Jan 2012 7:30 AM

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  • AJS wrote:

    "Lauren wrote:

    Some ppl on here should kept there comment to them selves none of u know him and if u did u would know he would never hurt his Lil girl so get ur facts straight before u comment u self involved idiots
    "
    Well said....*ahem*

    If a dog has a momentary lapse of control and bites somebody (child or adult), it is put down. Why then, when a grown man breaks his own infant daughters arm, is community service deemed to be a fair and proportionate punishment?

    Not entirely sure about all the comments of the theme 'get your facts straight etc. etc.'...the 'fact' is that this man has been found guilty in a court of law.

    27 Jan 2012 12:50 PM

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  • respectful youth wrote:

    I know that family are obviously going to stick up for him... but why? He's an animal that needs to be punished. As many people have said, a baby doesn't just break their own bones. I know James and I believe 100% that he did it... they've just lied for so long that they think they're living in a world of truth. The family are all just as bad for sticking up for a baby abuser and hopefully James will be punished one way or the other for what he's done to a defenceless baby!

    26 Jan 2012 5:58 PM

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  • a decent parent wrote:

    Why is this child now in care if it's mum and dad were loving parents?? The scums use of past tense saying 'I loved her' is interesting. Why weren't the child's previous injuries explained ? Lets hope this child has a proper family and home to grow up in for the sake of the child and everyone else in society.
    You can all say he loved her... whatever. She was injured in his care. Nothing more to say.

    26 Jan 2012 3:29 PM

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  • lissy wrote:

    It is a fact that this man has been convicted of causing grievous bodily harm to his baby daughter. It is also a fact that the convicted man had plead not-guilty. Despite these two facts the judge chose to give a non-custodial sentence.

    Regardless of *any* mitigating circumstances or however nice a guy he might be this seems wrong to me.

    26 Jan 2012 10:46 AM

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  • Lauren wrote:

    Some ppl on here should kept there comment to them selves none of u know him and if u did u would know he would never hurt his Lil girl so get ur facts straight before u comment u self involved idiots

    25 Jan 2012 11:39 PM

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  • Barbara Horton wrote:

    I am dumbfounded, but perhaps I should not be, that people are able to pass judgment on someone without knowing all the facts. As to Magie and her post I have reported it, when you make slanderous comments you need to be sure you can back them up and I am pretty certain that you cannot - I guess you may already be aware of that fact, but if you are not, I hope you get a knock at your door or a letter through the post reminding you of the law. James was sentenced today by a judge who had listened carefully to what the jury have said - I am not sure how many other charges were brought, but it would appear they hadve been dropped and I suspect the only reason this sort of sentence could be passed is because there is an element of doubt that James did actually do what he was accused of doing. I know him very well, I have known him from birth, and I can quite confidently say that I do not believe he would harm, deliberately or otherwise, a daughter he loves with all of his being.

    25 Jan 2012 11:26 PM

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  • mummytaylor wrote:

    i am totally speechless.

    Anyone who uses enough force on a 3 month old baby to break its arm, is in no way shape or form a 'nice guy'... and a 'momentry lapse of control'???? That quite a lapse!!

    and loved his daughter? I love my children .. i buy them sweets, cuddle them etc, not break their bones !!!! And SEVERAL old injuries to her ribs? How young was this poor baby when it started being abused?

    i am sickened by people like this, but whats even more frightening is that the judge didn't jail him!!

    totally agree with the comment about jailing people for not paying their council tax, yet a vile child abuser goes free!!!

    25 Jan 2012 10:48 PM

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  • Ex Old Bill wrote:

    Mr Clark if you read this SACK THIS JUDGE

    25 Jan 2012 5:48 PM

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  • Dan Gleballs wrote:

    Kasper, are you understanding what Maggie has to say?
    This thing NEEDS putting away, or to meet someone who dislikes his sort of activity and shows him the error of his ways in a positive fashion.

    25 Jan 2012 4:38 PM

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  • watchful wrote:

    Come now Kasper

    This is a report of a court case. when reporting court proceedings, there are very very strict rules the press have to abide by.

    quite simply, they can only report what is said in court, in front of the jury. they cannot embellish or add things to the report. If they do, the reporter and the editor could both face jail for contempt of court.

    This one is not one that can be blamed on the press twisting the story

    25 Jan 2012 2:58 PM

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  • Alice wrote:

    I didn't see that he had supervised contact! OMG! he will have her back in his full custody by the end of the month.
    she will probably be back in hospital a week later, clap clap Social Services!

    25 Jan 2012 1:25 PM

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  • Alice wrote:

    How ridiculous, the media cannot print false stories as they will be sued if they do!
    Should have got a jail sentence, the problem with England is they will send someone to jail who doesn't pay there council tax, but will not send this thug who assaulted his tiny baby to jail.
    what a message society is sending out?
    it is completely unacceptable to ever hurt a child, and it makes me sick!
    All one hopes is that he never see's his child again!

    25 Jan 2012 1:18 PM

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  • suechibeba wrote:

    I agree with Andy a baby does not just break its own arm! As for the historical injuries that should be looked into to. I feel sorry for the poor girl and I bet this won't be the last time the poor little thing gets hurt through no fault of her own, so sad

    25 Jan 2012 1:13 PM

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  • AndyMaz wrote:

    C'mon now... he didn't hurt her??

    He was convicted of breaking her arm, and she had historic injuries...

    Get real.

    As the father of a 6 month old, it makes me sick thinking of that poor girls pain.

    25 Jan 2012 12:39 PM

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  • kasper wrote:

    Im not being rude or trying to change anything, but people are quick to judge about things and articles that are posted through the media, unless like my self you know the person directly as James is one of my mates, he didnt harm her, he loves his daughter and what people say in the media is much worse than that of the actual situation, everyone knows that so dont judge!

    25 Jan 2012 10:58 AM

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  • suechibeba wrote:

    Totally sick you don't "accidently" break a babies arm, this man should have been put in prison he was lucky it was just the girls arm that got broken!

    25 Jan 2012 10:42 AM

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  • seekeroftruthandjustice wrote:

    I just don't know what to say.
    "He was not being punished, said a judge, for several older fractures baby Scarlet was found to have to her ribs."

    25 Jan 2012 10:10 AM

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