Christopher Fulton: Ballymoney man who left baby boy close to death loses bid for reduced jail term
A remorseless Co Antrim man who inflicted injuries which left a baby boy as close to death as it gets is not entitled to any reduced prison sentence, the Court of Appeal has ruled.
Senior judges rejected Christopher Fulton’s challenge to the 22-year jail term imposed on him for violence and cruelty which left the infant blind and brain damaged.
They also dismissed a separate bid by his wife Amanda Fulton to overturn her convictions for failing to protect the four-week-old child.
Lady Chief Justice Dame Siobhan Keegan said: “The actions of Christoper Fulton effectively caused an injury which is as close to death as it could have been.”
Charges were brought against the couple, from Rockfield Gardens in Mosside, near Ballymoney, after doctors discovered the baby’s injuries in November 2019.
The little boy, known as P, was initially brought to a GP in an unresponsive state before urgent transfer to hospital.
By that stage in a coma, he spent 10 days in intensive care fighting for his life.
Christopher Fulton, 36, accompanied the child to hospital and was described as appearing unconcerned throughout.
With the assault on P likened in its severity to a car crash, the child sustained a traumatic brain injury, lacerations to his liver, a total of 27 rib fractures, and further fractures to his legs.
He was left with a life-limiting condition, blinded and suffering from cerebral palsy, an intellectual disability and epilepsy.
Both defendants denied the allegations but a Crown Court jury rejected their innocence claims.
Christopher Fulton was found guilty of causing grievous bodily harm with intent and cruelty to a child.
His 37-year-old wife was convicted on counts of cruelty and causing or allowing the baby to suffer physical harm.
She received a four-year sentence and has since been released from jail.
The trial judge found no mitigating factors or remorse shown by either of them.
During the joint appeal hearing, Amanda Fulton’s lawyers argued jurors were not properly directed on her emotional reactions at the trial.
Any defence to the charges she faced may have been seriously undermined by the guidance they received about her demeanour, it was contended.
But the Court of Appeal held the trial judge did not intrude on any assessment of the credibility of her testimony.
“Ultimately the jury had to consider all of the evidence and were entitled to make a choice about Amanda Fulton’s position… when the child suffered the serious injuries he did,” the Lady Chief Justice said.
“We consider that (her) convictions are safe.”
Counsel for Christopher Fulton claimed his sentence went so far beyond the appropriate range that it was manifestly excessive.
The trial judge failed to give him any benefit for efforts he made to obtain medical aid for the baby, the barrister submitted.
Ultimately, however, the court determined consecutive sentences of 18 years for the extreme violence involved in inflicting grievous bodily harm with intent, plus a further four years for his cruelty towards P in at least one other incident was appropriate.
Dame Siobhan, sitting with Lord Justice Treacy, contrasted Christopher Fulton’s offences against the baby with the subsequent loving care of his foster mother.
“She is an example of all that is good in our society in the midst of all that is bad,” the Chief Justice said.
Upholding Chistopher Fulton’s 22-year jail term, she stressed that sentences outside the normal range can be imposed in extreme circumstances.
“This was a case where this child nearly died and has been left with a life-limiting condition,” Dame Siobhan added.
“(The perpetrator was Chistopher Fulton) and he will have to serve a significant sentence imposed on him to reflect the gravity of his crimes.”
She confirmed: “Both appeals are dismissed.”
Upholding the 22-year jail term, she stressed sentences outside the normal range can be imposed in extreme circumstances and confirmed: “Both appeals are dismissed.”