A jury has retired to consider verdicts in the trial of parents of a baby found with several non-accidental injuries after he died from pneumonia and sepsis.

A post mortem examination revealed 19-day-old Bailey Smyth-Osborne had a fracture to his leg and bruising to his head and penis.

Experts said the head injuries were consistent with “more than one blunt impact” and the break to his left tibia with a twisting or yanking motion.

Marina Smyth, 21, and Michael Osborne, 22, deny causing or allowing physical harm to a child at their Tonbridge home between November 16 and December 10, 2016.

It was stressed that the injuries did not cause Bailey’s death.

Prosecutor Jennifer Knight told the jury of seven women and five men: “It is the Crown’s case that one of these two defendants is responsible for Bailey’s injuries and that the other, although not the actual perpetrator of those injuries, allowed them to occur by failing to take reasonable steps to protect Bailey from a risk of injury which should have been foreseen.”

Bailey was born on November 16 2016 at Pembury Hospital and Smyth was discharged home to their flat in Walters Farm Road the same day,

At about 1am on December 5, a neighbour at the flats heard a baby’s high pitched crying lasting 20-25 minutes.

Smyth told how she awoke at 10am and found Bailey was stiff, cold and unconscious in his Moses basket. She said she told Osborne she did not think the baby was breathing.

An ambulance was called and Osborne was instructed to perform chest compressions.

Paramedics found that rigor mortis had already set in. Despite continued CPR, there was no response. He was taken to Pembury Hospital, where he was declared dead.

Consultant paediatrician Dr Uday Kumar examined Bailey and saw a number of injuries – a 5cm line of bruising on the right side of the head, 3cm above the ear and bruising about 1cm in diameter near the base of the penis.

Pathologist Dr Nathaniel Cary concluded after a post mortem examination that the cause of death was bronchial pneumonia and sepsis.

“There was evidence of fresh bruising to the penis, left elbow, the fingers of the left hand, the left ankle and the right heel,” said Miss Knight.

“Dr Cary considered these bruises to be consistent with mild to moderate force, blunt impact or compression.

A CT scan showed a fracture to the left tibia. Professor David Mangham described the type of fracture as being caused by “forcible traction – pulling with a twisting motion”.

He judged that the injury was caused between 24-72 hours prior to death, but most likely 24-48 hours before.

The pathologist concluded that both the bruising and fracturing indicated a level of trauma beyond rough handling and in keeping with assault in the period leading up to death.

Smyth, now of Oxford Gardens, Maidstone, said in evidence Osborne confessed to her that he believed he may have caused the fracture and “pinched his willy”.

She told of secretly filming her boyfriend on her mobile phone as he discussed the injuries with his father Shaun Middleton.

In the clip, shown to jurors, Osborne appeared to be upset when telling his dad he had been frustrated with his son.

Osborne, now of Bybrook Road, Kennington, admitted he handled Bailey roughly during a nappy change.

He said he was feeling tired when he lifted Bailey's legs “too quickly and too high” as he held his feet, but denied he deliberately inflicted any of the injuries.