Man jailed for 21 years for assault on baby
*Trigger warning: this article contains distressing details*
A man has been jailed for 21 years today, Friday 24 January, following his conviction for an assault which left a baby with profound disabilities.
Tom Kember, 27, of Taunton, had denied assault with intent to cause grievous bodily harm but was found guilty by a jury on 30 October 2024, following a five-week trial.
Sentencing, His Honour Judge Julian Lambert said: “Rage and dangerous loss of control is evidenced in your antecedents … 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 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 within a section 18 offence.
“You will be subject to an extended determinate sentence of 25 years with a custodial term of 21 years and an extended licence period of 4 years. You will be required to serve two-thirds of that term and your release is then at the discretion of a parole board.”
At the same trial Katherine Reilly, 25, also of Taunton, was found guilty of child cruelty, a charge she too had denied. She was handed a six-month jail term suspended for two years, with a 30-day rehabilitation activity requirement and an unpaid work requirement of 200 hours.
HHJ Lambert told her: “You … built a wall of silence … and hid behind this … You betrayed [a] helpless injured baby … by shielding the wicked monster who had so grievously injured her …
“You were convicted of a single count of criminal ill-treatment by neglect. This was failing to secure timely medical attention … The time frame of neglect was very limited but your conduct in failing to secure medical attention was wicked and spineless.”
The baby girl, now five, was born prematurely in 2019. She was discharged from hospital in January 2020 and just 10 days later an ambulance was called to an address in Taunton as she was unresponsive.
Ambulance staff spotted bruising on her temples and raised their concerns with hospital staff on their arrival.
The jury was told that on 12 January 2020 Kember had searched online for “what happend aif u (sic) hit a baby’s face” and “can a baby be sick if it gets hit”.
At 10.45pm the next day, while at a fast-food restaurant with Reilly and the baby in her buggy, Kember searched online for terms such as “if baby hits its head does the baby sleep a lot”.
Then, at about 1.20am on 14 January, they called 111, about 80 minutes after the prosecution said the assault causing the brain injury happened.
At 6.10am that day Kember searched for “can I get dosent for abiseing (sic) … baby”. The prosecution case was that this was a mis-typed search for “can I get done for abusing … baby”.
The consequences of the child’s traumatic brain injury are life-long and life-limiting. She is registered blind and is non-verbal, with other complex needs including multiple daily seizures.
She has been adopted by the foster family who have been caring for her since she was four months old and in hospital.
In a powerful impact statement read to the court, the child’s adoptive mother described the pain and frustration her daughter experiences daily as a result of Kember’s actions:
“Our daughter sustained unimaginable, horrific injuries as a tiny, vulnerable, innocent little baby … There is not one part of [her] body that has not been affected by the injuries she has sustained. She is in pain day and night; a type of pain you cannot just ‘kiss away’ as every parent does, or make better with a cuddle. A pain that wakes her through the night and frustrates her through the day as her muscles spasm.
“I am angry and heartbroken by the situation. Those responsible for her injury have stolen a future from her that she deserved, in a very real way …
“Despite the hard times we’ve already gone through and the hard times yet to come, our love for [her] and her love for us leads us through. [She] has a growing community of people who love and care for her deeply. She brings joy to our world, light to our eyes and gratitude to our hearts.
“Despite all the difficulties and pain [she] has, she is such a happy little girl who lights up the room with her smile. She has the most infectious laugh that makes everyone who meets her melt. The odds were stacked against her, which makes every moment with her even more precious. We are so proud of [her]. She has beaten the odds and survived the unthinkable but now she isn’t on her own, she has us, her family, and we will support her, love and care for her and give her the best possible life – the life that she always deserved.
“[She] will never experience the same things that other children get to experience. She will never be able to run around the park and play with her friends, enjoy the magic of Christmas or understand birthday celebrations. She will never have the opportunity to learn how to ride a bike, or read a book. All the little things that we take for granted have been snatched from her.”
Detective Superintendent Roger Doxsey, who led the investigation, said:
“Firstly I must pay tribute to all the medical staff involved in this little girl’s care, and especially to the family who are giving her the unconditional love and care she needs and deserves.
“A helpless baby has been left with terrible injuries because the people who were supposed to be looking after her were more concerned with avoiding the consequences of their actions than getting her the urgent medical care she needed.”
The judge awarded the officers involved in the case a Crown Court Commendation.