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Maidstone dad who broke four-year-old son's arm is handed suspended jail sentence at Maidstone Crown Court

A Maidstone dad broke the arm of his four-year-old son after the child scribbled on freshly decorated walls, a court has heard.

The 37-year-old, who can't be named for legal reasons, had grabbed the child's wrist and then heard a 'pop' when the boy pulled the other way.

A dad broke the arm of his four-year-old son, Maidstone Crown Court. heard. Stock picture
A dad broke the arm of his four-year-old son, Maidstone Crown Court. heard. Stock picture

An X-ray later revealed that the child had a double fracture, Maidstone Crown Court was told.

But the dad, who admitted inflicting grievous bodily harm, avoided an immediate jail sentence after doctors concluded that such an injury was "unlikely" to have been caused intentionally.

The judge was told that there were concerns over the amount of force used. However, he accepted that the fractures were caused "recklessly" rather than deliberately.

Prosecutor Bridget Todd said the dad had remonstrated with his son on learning he had scribbled over freshly painted walls at the family home.

But on hearing the popping sound from his arm, he immediately took the youngster to A&E and told doctors what had happened and police and social services were then alerted.

Judge Philip St John-Stevens sentenced the Maidstone dad to a 10-month jail term, suspended for 18 months. Picture: Matthew Walker
Judge Philip St John-Stevens sentenced the Maidstone dad to a 10-month jail term, suspended for 18 months. Picture: Matthew Walker

Miss Todd added: "He told police he had a phone call from his wife while he was at work saying their son had been naughty and scribbled all over the walls.

"His son was on the top bunk messing about so he grabbed his arm to pull him towards him to get his attention but the boy pulled the other way."

He admitted pulling "too hard" but denied being angry or losing his temper.

The court heard he immediately told his wife what had happened and took the child to hospital, where he was described as being "very co-operative and remorseful".

Tom Stern, defending, said that in the two years since the incident, the defendant had worked with social services to address his behaviour that day as well as anger management issues.

He added that the boy had fully recovered from his injury.

Imposing a 10-month jail term suspended for 18 months, Judge Philip St John-Stevens said the delay in proceedings reaching court had enabled the father to "demonstrate his determination" to rehabilitate himself.

'It was an impulsive single act. It was reckless with no intention to injure...'

"It was an impulsive single act. It was reckless with no intention to injure, and steps were taken immediately by you to seek medical attention," he added.

"I am sure that most days, if not every day, you have looked at your child and thought how you could have caused injury to him and reflected upon that.

"I am clear from everything I have read that this has been a very salutary lesson as to what could have happened and you have done everything you possibly can to make sure it doesn't happen again."

The father must also carry out 30 rehabilitation activity sessions with the probation service.

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