The Court of Appeal has today (Friday) dismissed an appeal against conviction by Amanda Fulton and an appeal against sentence by Christopher Fulton over offences committed against their four-week-old baby son, referred to during proceedings as “P”.
The appeals were heard by a panel comprising Lady Chief Justice Keegan, Lord Justice Treacy and Mr Justice O’Hara, with Lady Chief Justice Keegan delivering the judgment of the court.
Both parents were jointly charged with four offences, including grievous bodily harm with intent, causing or allowing a child to suffer serious physical harm, and two counts of cruelty to children relating to different periods between October and November 2019.
Amanda Fulton was convicted by a jury of causing or allowing a child to suffer serious physical harm and one count of cruelty to children, and acquitted of the remaining charges. She was sentenced to four years’ imprisonment, made up of two years in custody and two years on licence.
Christopher Fulton was convicted of grievous bodily harm with intent and both cruelty charges, and acquitted of causing or allowing harm. He received an extended custodial sentence of 22 years in prison with a further five years on licence.
On November 7, 2019, Christopher Fulton contacted a GP regarding concerns that his four-week-old son had a “raw throat” and was not feeding. It later emerged that he had carried out internet searches in the early hours of that morning relating to sore throats in infants.
When Fulton eventually attended the GP surgery later that afternoon, the baby was found to be unresponsive with a bulging fontanelle, prompting immediate concern of a serious head injury. A CT scan later revealed a skull fracture and subdural bleeding, requiring emergency neurosurgery.
Medical examinations uncovered a catalogue of severe injuries, including 27 rib fractures, liver lacerations, fractures to both thighs and shins caused by pulling, twisting or violent shaking, extensive retinal haemorrhages and a severe traumatic brain injury. Medical experts concluded the injuries were caused by significant impact and violent shaking, and that earlier medical intervention could have improved the child’s outcome.
The baby spent 10 days in intensive care under deep sedation. As a result of the injuries, P has been left blind, non-verbal, severely disabled and life-limited.
Witnesses also gave evidence of disturbing behaviour in the household, including occasions when Christopher Fulton smacked the baby while winding him, blew into his nose, and roughly bounced him — incidents during which Amanda Fulton was present but failed to intervene.
Amanda Fulton’s appeal centred on whether the trial judge had adequately directed the jury on how to assess emotional reactions and demeanour during evidence. Her defence argued that her emotional response at hospital and during the trial supported her position as a concerned and innocent parent.
The Court of Appeal found no misdirection, ruling that while the judge could have expanded on certain points, the jury had been properly equipped to assess all evidence, including demeanour at the time of events and during the trial. The court concluded that her convictions were safe and dismissed the appeal.
Christopher Fulton’s appeal challenged the length and structure of his sentence, arguing it exceeded established sentencing ranges and created disparity with Amanda Fulton’s punishment.
While the court adjusted how the sentence was structured — reducing the concurrent sentences for cruelty and imposing them consecutively — it upheld the overall 22-year custodial term and five-year extended licence.
The court noted that this was an “extreme case” involving catastrophic injury to a very young child, and confirmed that sentences beyond the usual range may be justified in such circumstances. Judges were entitled to impose longer sentences to reflect extreme harm and high culpability.
A pre-sentence report described Christopher Fulton as showing no remorse, no empathy for his son, and posing a high risk of serious harm to children.
In its conclusion, the Court of Appeal said the decision would provide guidance for sentencing in cases involving serious assaults on young children and underlined that courts may impose sentences outside established ranges in extreme circumstances.
Both appeals were dismissed in full. Amanda Fulton has already served her sentence. Christopher Fulton will remain in custody and will be subject to assessment by the Parole Commissioners before any potential release.
