Man who shook newborn baby jailed for attempted murder

A man who tried to murder a newborn baby by shaking him and pinching his face has been jailed for seven years.

Stuart Flood, 28, from Elgin, was jailed at the High Court in Dundee after a jury found him guilty of the murder bid which left the child with severe injuries.

He was found guilty of attacking the baby at an address in Aberdeen over a three-month period starting when the boy was just 14 days old.

Flood denied the charge and claimed that the baby may have been injured during a pair of accidental incidents, which he accepted responsibility for.

The court was told that the Crown had offered to accept a reduced charge – not involving attempted murder – prior to the start of the trial.

However, Flood had rejected the offer and the jury found him guilty of the full charge despite his denial that he had caused the life-threatening injuries.

He was found guilty of trying to murder the child, who cannot be named for legal reasons, by assaulting him on various occasions between April 29 and July 23, 2021.

The jury ruled that he had shaken the child and pinched his face, or otherwise inflicted trauma to his head, to his severe injury, permanent disfigurement, permanent impairment and to the danger of his life and did attempt to murder him.

Counsel Bert Kerrigan KC, defending, said: “I ask the court to take a realistic view of all of the circumstances of this tragic case.

“Hopefully the evidence shows that the child has survived the horrendous situation he was in at the time he was taken to Aberdeen Royal Infirmary and subsequently flown to Glasgow.

“The situation with regard to the social work report is often a Catch 22 situation. If an accused person has given evidence and stands by that evidence it is inevitable he is regarded as not having empathy and that is echoed in this report.

“On the other hand, if he were to engage in some form of detailed confession the comment is that he’s told lies and is now giving a different version.

“The accused gave evidence and indicated that he accepted responsibility for the two initial incidents. In one sense these incidents have been dismissed as incredible from the point of view of causation – where the evidence is they were not the substantial cause.”

The court was told that the child was initially taken to hospital in Aberdeen before being airlifted to Glasgow and given emergency life-saving surgery.

Judge Paul Brown said: “You stand convicted of the attempted murder of a completely vulnerable infant. The injuries inflicted were very serious indeed.

“Thankfully there has been a good recovery but there will be a lasting impact from your actions. I take into account your age, your lack of previous convictions and your previous good character.

“However, there is no appropriate alternative to a substantial custodial sentence, given the grave nature of this crime.”