A father who fatally shook his three-month-old son, days after he was captured on CCTV striking the back of the infant’s head at a KFC restaurant, has been sentenced to nine years in prison.
Gareth Stark had assured his partner he would never cause harm to anyone before being left alone with Leon Stark, who tragically died in hospital a week after sustaining a severe "constellation" of injuries, including brain damage consistent with abusive head trauma.
Stark, 38, admitted charges of battery and manslaughter in January. He claimed he was unable to stop Leon crying and momentarily shook him in frustration, leading to his death.
CCTV footage presented at Birmingham Crown Court on Friday showed Stark hitting Leon at a KFC branch in Stafford on 9 October 2023, while the baby’s mother had her back turned.
Prosecutor Lisa Hancox, outlining the case against Stark, stated that the fatal shaking occurred on 12 October 2023. The infant passed away at Birmingham Children’s Hospital after his brain injury was deemed unsurvivable.
Ms Hancox noted that the CCTV of the earlier assault, shown with the family’s permission, depicted a "deliberate and unlawful application of force on a baby three days prior to him being forcibly shaken by Mr Stark."
The court heard that Stark, of Masefield Drive, Highfields, Stafford, had one previous conviction for criminal damage, involving smashed windows at a rented property.
Passing sentence, Judge Paul Farrer KC accepted that the incident in KFC did not involve a forceful blow or an intention to cause injury, and was committed with an open hand.
However, the judge highlighted the assault as an aggravating feature of the manslaughter offence, stating: "It demonstrates that your actions on the 12th of October were not an isolated occurrence. It should have been obvious to you that forcefully shaking him was highly likely to cause at least serious injury."
Defence lawyer Justin Jarmola informed the court that Stark has a long history of mental illness and would never forgive himself for his actions. Mr Jarmola conveyed Stark’s "absolute and unqualified apology to all of Leon’s family, many of whom are here today," adding: "This guilt shall be with him forever."
In a victim impact statement, Leon’s mother, Lauren Willey, described how her life "horrifically fell apart" on the day her "beautiful and handsome" baby died.
"I believed Gareth Stark would never cause harm to anyone," she said. "I believed in the convincing lies that Gareth told about how desperate he was to have a family."
Commenting on the case, James Leslie Francis, from the Crown Prosecution Service, said: "As a father, Gareth Stark had a fundamental duty to love and protect his son. Instead, he betrayed that trust in the most devastating way imaginable, causing injuries so severe that Leon did not survive.
“He misled paramedics and investigators, claiming he had simply found Leon unresponsive. It was only through meticulous police investigation, expert medical evidence, and CCTV footage that the truth of his offending came to light.
“The Crown Prosecution Service will vigorously prosecute those who inflict harm on children and those who cannot protect themselves to ensure they face the full force of the law.
“We hope that seeing Gareth Stark sentenced today brings Leon’s family and loved ones a small measure of comfort at an incredibly painful time."
