A man who committed “an attack of monstrous evil with the worst possible consequences” on an eight-week-old baby has been jailed for 21 years.
Tom Kember, 27, caused grievous bodily harm with intent to the child at a property in Taunton, Somerset, in January 2020, resulting in head injuries that have led to profound disabilities.
Bristol Crown Court heard the baby, who cannot be identified for legal reasons, was born prematurely and had been discharged from hospital just 10 days before the incident.
Footage from inside a McDonald’s restaurant shows Kember and his partner, Katherine Reilly, 25, eating a meal as he searched on his phone for terms including “if baby hits its head does the baby sleep a lot”.
It is believed that the baby had sustained injuries at the hands of Kember by that point, and he committed a further assault after leaving the restaurant at about 11.17pm on January 13.
Kember called 111 reporting that the infant was unresponsive at about 1.20am on January 14.
Paramedics noted the baby had facial bruising and raised concerns with staff at Musgrove Park Hospital, who alerted Avon and Somerset Police.
A jury at Bristol Crown Court convicted Kember of causing grievous bodily harm with intent to the baby, while Reilly was convicted of child cruelty, in October last year.
Judge Julian Lambert jailed Kember for 21 years with a further four years on extended licence on Friday. Reilly received a six-month prison sentence, suspended for two years.
The judge told Kember: “The victim of your crime was extremely vulnerable at only eight weeks old, after a premature birth.
“The consequences where utterly catastrophic, traumatic brain injury. You have robbed a child of most quality of life.
“This was an attack of monstrous evil with the worst possible consequences.”
He added: “You show no remorse. This was an extreme explosive rage, exerting forces far beyond rough handling and similar to the force of a car crash, or a fall from a height.”
The judge said Kember had two previous convictions – one for domestic violence against a former partner and one relating to an incident with police following his arrest in relation to the baby’s injuries.
Kember was being transported to custody in a police car travelling on the motorway at 70mph when he grabbed the steering wheel, causing the vehicle to veer across the carriageway.
The judge told Kember this, as well as threatening police officers during his trial, illustrated the defendant’s “rage and dangerous loss of control”, and found him dangerous – resulting in the extended sentence.
Sentencing Reilly, the Judge Lambert said there was believed to be an 80-minute period between Kember inflicting the injuries and contacting 111.
He told Reilly her actions in not seeking medical attention during that time were “wicked and spineless”, with medical evidence stating that any delay could have increased the harm to the baby.
“You betrayed the helpless injured baby by shielding the wicked monster who had so grievously injured them,” the judge said.
“You seem to have no conscience and show no regret for failing the child. The law is such that I cannot punish you for your cowardly failure to reveal the truth. Many decent folk will think I should be able to do so.”
Prosecuting, Robin Shellard said the infant, now aged five, has been left non-verbal, is registered blind, suffers multiple daily seizures and has other complex needs.
“All their difficulties are life-long,” Mr Shellard said, adding that the child has a reduced life expectancy because of the conditions caused by their injuries.
Police say it is likely the child suffered two injuries at the hands of Kember, with the most severe likened to a car crash, or falling from a two-storey high building.
On January 12 2020, Kember searching online for “what happend if u hit a baby’s face” and “can a baby be sick if it gets hit”.
The following day, while at McDonald’s with Reilly and the baby in a pushchair, Kember searched for terms including “if a baby hits its head does the baby sleep a lot”.
At 6.10am on January 14 – after the baby had been taken to hospital – Kember searched “can I get dosent for abiseing … baby” – believed to be a mistyped search for “can I get done for abusing … baby”.
In a statement, the child’s adoptive parents described the impact of Kember’s actions on their lives.
They said: “There is not one part of their body that has not been affected by the injuries they sustained. They are in pain day and night.”
They described themselves as “angry and heartbroken” on behalf of their child, whose future had been “stolen” by Kember.
Judge Lambert paid tribute to the child, who he said “fights and fights and fights yet maintains their happy disposition” as well as their parents.
“Their noble and selfless conduct shows what towering good there is in people against a background of savage cruelty,” he added.
Kember and Reilly remain in a “committed relationship”, Edd Hetherington, representing Kember, said.
