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Baby suffered fractured skull after thug Daniel Weller smashed into ex's flat

18:17, 31 July 2018

A baby suffered a fractured skull after a thug smashed his way into an ex-girlfriend’s flat, a court heard.

The child, who was in his mother’s arms, was struck on the head as Daniel Paul Weller kicked open the door.

The distressed child started to scream and the fracture was discovered after he was taken to hospital.

Daniel Weller has been jailed. Picture: Kent Police (3374001)
Daniel Weller has been jailed. Picture: Kent Police (3374001)

Weller, of Cambridge Road, Rochester, admitted inflicting grievous bodily harm to the baby, assaulting the mother and using violence to enter the flat in Chatham.

He was jailed for 18 months after the prosecution accepted he had acted recklessly rather than intending to cause the baby’s injury.

Maidstone Crown Court heard the mother, who cannot be identified for legal reasons, had not seen 31-year-old Weller for some time when he went to the flat in April this year.

She was in the flat with a male friend when she heard Weller shouting aggressively outside, declaring: “I know you are in there.”

The mum was behind the door with her baby in her arms. She called the police. Weller kicked the door and it swung open.

“It hit her on the arm, but also hit the baby on the top of the head,” said prosecutor Lucy Luttman. “The child immediately started to scream. It took some time to calm him down. The baby’s head had a red mark on it.”

Weller started looking around the flat. He pushed the mother up against a wall.

“She described being scared and frightened because she didn’t know what he might do,” said Miss Luttman. “She was still holding the baby.”

She managed to push Weller out of the door and shut it. He had gone by the time the police arrived.

The baby was taken to hospital to be checked out. A CT scan revealed the fracture. No treatment was needed and there were likely to be no long term effects, said Miss Luttman.

Maidstone Crown Court
Maidstone Crown Court

When arrested, Weller denied causing any injuries to either the baby or mother.

She told in a victim statement how she feared Weller and had since moved because she did not want him to know where she lived.

Miss Luttman said Weller had extensive previous convictions – 13 court appearances for 27 offences – but none for violence.

Judge David Griffith-Jones QC said Weller had decided to go to the victims’ flat “for no good reason”.

“When you realised she had another male in the premises you lost your temper,” he told Weller by TV link with Elmley Prison. “In a jealous fit of rage you forced your way in.

“As you did so the door flew open and caught her baby who she was holding in her arms, striking the child on the head.

“Plainly, it was a fearsome blow because, sadly, it emerged that the baby suffered a fractured skull" - Judge David Griffith-Jones

“Plainly, it was a fearsome blow because, sadly, it emerged that the baby suffered a fractured skull. You pushed her up against the wall and threatened her friend.

“You decided to exercise your power and strength to try to show her you don’t take no for an answer and you are in a position to do as you please.”

The judge said Weller was fortunate the baby had made a full recovery. He accepted the anger was directed at the mother and not the child.

“You didn’t intend to cause serious harm but your reckless behaviour in the circumstances was unacceptable,” he said. “On any view, this must have been a terrifying experience for both your victims.

“This was reckless behaviour, rather than a deliberate offence, intending to inflict serious harm.”

Judge Griffith-Jones added that Weller had only shown “partial” remorse.

A restraining order banning contact with the mother was made for five years.

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