May 2004

Teenager jailed for killing baby

A 16-year-old boy from Cornwall has been jailed for seven years for killing a nine-month-old baby in Saltash.

Christopher Phillips, (pictured above) of Wilton Terrace in Pelynt, was convicted of the manslaughter of Harley Rogers in December 2002 at a trial in March.

His brother, Michael Phillips, (pictured below) 23, known as Craig and also of Wilton Terrace, was jailed for three years for causing Harley actual bodily harm.

He was also given a year for attempting to pervert the course of justice.

Both brothers were sentenced at Bristol Crown Court on Monday.

Christopher Phillips, who was 15 at the time he committed the offence, had pleaded not guilty to murder and was convicted of manslaughter on the grounds that he did not intend to cause the child serious harm.

Fatal haemorrhage

During the trial at Exeter Crown Court, key witness Blake Nettleinghame told the jury the impact of the back of the child’s head when he was “swung like a baseball bat or cricket bat” against a fireplace made a noise “like a brick on concrete”.

The court also heard how Michael Phillips punched the baby – the child of his partner Laura Shenton and another man – in the face, drawing blood.

Michael Phillips also attempted to pervert the course of justice by threatening Mr Nettleinghame.

Harley died at Buller Park on 21 December 2002. The fatal injury was haemorrhage over the brain, which was thought to have occurred about 36 hours before he died.

Sentencing, Mrs Justice Heather Hallett said to Christopher Phillips: “I cannot imagine how you could have decided to batter Harley’s head against a door.

“I have to sentence you for a wicked attack, indeed attacks, upon a tiny defenceless baby.”

Mrs Justice Hallett continued: “Michael punched Harley ‘purely because he looked like his natural father’.”

She told him he was a “bully” whose behaviour was extremely worrying.

Mrs Justice Hallett said Michael Phillips’ appalling example was partly to blame for his “impressionable younger brother’s” treatment of Harley.

She said they treated the baby like a “despised toy”.

Sitting in the dock, Michael and Christopher Phillips, showed no reaction as they were sentenced.

In a statement, Harley Rogers’ family said: “Every day since 21 December 2002 has been difficult for us.

“No sentence will bring Harley back, but the sentences given to Craig and Christopher Phillips will help show the community who was responsible for his death.

“Lady Justice Hallett gave us a clear view of the Phillips brothers’ behaviour and their attitude towards Harley.”

However, Harley’s father, Phil Rogers said when asked if he was satisfied with the sentence: “It should have been longer.”