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Monday, July 18, 2016

Rhondda,South Wales - A mum whose 17-month-old son was beaten and killed by her boyfriend has been jailed

Finley Thomas was 17 months old when he died
Finley Thomas was 17 months old when he died

Chloe Thomas 'was aware the child was unwell and sought to close her eyes to what was taking place'

A mother has been jailed at Cardiff Crown Court after pleading guilty to child cruelty against her 17-month-old son Finley.
The boy was left with a fractured skull and broken ribs after his mum's boyfriend murdered him.
Chloe Thomas, pleaded guilty to child cruelty.
Jailing her for 20 months, Ms Justice Patterson said: “You should have been caring for your son, not closing your eyes.”
Judge Patterson detailed how the mother's once doting care deteriorated after she became involved with killer Sean Buckley.
Chloe Thomas admitted a count of child cruelty
Chloe Thomas admitted a count of child cruelty
The toddler became unhappy, his swimming costume was once found to smell of cannabis and drugs were found in his system.
One friend noticed bruises on his ear and became concerned about leaving him in his mother’s care.
The judge said: “You stood by and did nothing until, it transpired, it was too late.”
She added: "You have been inadequate as a mother in not standing up for your son to your partner."
Thomas sobbed as she was led down from the dock.
Her boyfriend Sean Buckley, 28, was jailed for life at Cardiff Crown Court in June after being convicted of murdering "defenceless" 17-month-old Finley Thomas, from the Rhondda .
South Wales PoliceShaun Buckley has been sentenced to life in prison for the murder of 17 month old Finley Thomas
Shaun Buckley has been sentenced to life in prison for the murder of 17 month old Finley Thomas
He was also found guilty of child cruelty against Finley.
Buckley was told he will serve a minimum of 17 years but warned by judge Mrs Justice Frances Patterson he may never be freed.

See updates from the sentencing as it happened below

Jailed for 20 months

Ms Justice Patterson concluded that she could not suspend the sentence.
She added: “The only route open to me is to pass an immediate sentence of imprisonment.”
Chloe Thomas was sentenced to 20 months in prison. She cried as she was led down from the dock.

'You will not have the joy of seeing him develop'

The judge said: “Despite your conduct, you have obviously suffered from the loss of your child. You will not have the joy of seeing him develop in the way that would otherwise be open to you.”
Chloe Thomas admitted a count of child cruelty
Chloe Thomas admitted a count of child cruelty

'You have been inadequate as a mother'

The judge said: “You failed to protect your son from your domineering partner.
“The conduct took place in his home, where he should have been safe.
“You have been inadequate as a mother in not standing up for your son to your partner.”

“You should have been caring for your son, not closing your eyes.”

The judge acknowledged that Thomas has given “exemplary care” to her son in his early life.
She said the aggravating factors included the fact that Finley was “particularly vulnerable” due to his age and the fact that his mother had abused a position of trust and power.
She added: “You should have been caring for your son, not closing your eyes.”

'You have failed to comprehend what constitutes neglect'

Ms Justice Patterson said: “It is said that you have failed to comprehend what constitutes neglect.
“That lack of insight is regarded by the author of the pre-sentence report as concerning, and I agree.
“Your lack of insight is the most concerning factor.”

'You refuse to recognise the gravity'

The judge added: “You still, according to the pre-sentence report, refuse to recognise the gravity of what Sean Buckley did to your son.
“I do not know what your intentions are in relation to Sean Buckley going forward.”

'Sean Buckley was self-centred, domineering and a bully'

The judge added: “I am satisfied that Sean Buckley was self-centred, domineering and a bully.
“But the fact of the matter is that you closed your eyes to Sean Buckley’s conduct within the family home.”
South Wales PoliceShaun Buckley has been sentenced to life in prison for the murder of 17 month old Finley Thomas
Shaun Buckley has been sentenced to life in prison for the murder of 17 month old Finley Thomas

'You stood by and did nothing'

The court heard Thomas began to find life “more and more difficult” and asked friends to help her look after Finley.
One friend noticed bruises on his ear and became concerned about leaving him in his mother’s care.
The judge said: “You stood by and did nothing until, it transpired, it was too late.”

Drugs in toddler's system

The court heard that a toxicological examination revealed traces of drugs in Finley’s system.
The judge said: “You accept that Finley was exposed to environmental contamination.
“Finley was in an environment where he was exposed to unnecessary risk due to your failure to protect him.”
The court heard there was no gate on the stairs and when Finley fell down, his mother did not seek medical assistance, even though a neighbour offered to drive them to the hospital.

'You appeared glazed'

The judge said: “That in itself should have alerted you that all was not well.”
She added: “Witnesses spoke of how during that summer you appeared glazed, as if under the influence of drugs.”
On witness said Finley’s swimming kit smelled of cannabis. Another said Thomas appeared “high” at a chip shop.

'Finley became unkempt'

The judge said witnesses had observed that Finley’s appearance became “unkempt” after Buckley moved in.
Witnesses also said the toddler seemed “miserable” and began sleeping at strange times.

'You allowed yourself to become distracted'

The judge said that Thomas had a duty to intervene, but failed to do so.
She added: “In the summer of 2014, Finley suffered appalling injuries.”
The court heard the injuries included bruising and hemorrhaging.
“That is not to say that you perpetrated violent acts on Finley. I expressly find that you did not. But you allowed yourself to be distracted.”

'Your care of your son deteriorated'

“Early in 2014, you formed a relationship with Sean Buckley.
“Around April 2014, he moved into the home that you had carefully created for yourself and your son.
“Shortly after that, your care of your son deteriorated.”

'You were a devoted mother'

The judge continued: “You are 25 years of age.
“On April 30, 2013, you gave birth to your first child. By all accounts, you were a devoted mother, who offered nothing but love.”

The judge is now speaking

Referring to Sean Buckley’s trial, the judge said: “On both counts, the jury returned verdicts of guilty.”
She added: “You pleaded guilty to the offence of child cruelty.”

Thomas has been brought back into the dock

The hearing looks set to resume in a moment.
People are filing back into the public gallery and Chloe Thomas is being brought back into the dock.
There are two security guards in the dock with her.

Judge retires before delivering sentence

Chloe Thomas, 25, from Adams Street in Clydach Vale in the Rhondda, is represented by Sally Howse QC.
Ms Justice Frances Patterson DBE has now retired before she delivers the sentence.

Mitigation comes to an end

She said: “My respectful submission is that... any sentence could properly be suspended.”

'The only likelihood of re-offending is if she has a child'

The defence barrister added: “If she does have another child, social services will be involved and Chloe Thomas will have to work hard for that child not to be taken into care.
“The only likelihood of re-offending is if she has a child.”

Custodial sentence is inevitable, says defence barrister

The defence barrister says she appreciates a custodial sentence is inevitable.
She said: “It is clear that the options are closed down and I have to be realistic.”
She will try to persuade the judge to impose a suspended sentence.
The defence barrister said Chloe Thomas’ attitude to Sean Buckley is now “uncertain”.

'There was never any direct administration of any drug by Chloe Thomas to Finley'

Chloe Thomas is wearing a black dress and a black cardigan.
The defence barrister said: “There was never any direct administration of any drug by Chloe Thomas to Finley.”
The defence barrister said: “Chloe Thomas is 25 years of age and she has no previous convictions.
“It is clear that she enjoys a stable home environment.”
She stressed her family had supported her throughout the trial.

Thomas' depression 'does not explain and it does not excuse' says defence barrister

The defence barrister said Thomas was taking anti-depressants at the time.
She said: “There is a genuine depression. That does not explain and it does not excuse, but it does give an important indication of the background.”
She added: “It is clear at that time that funds that ought to have been available were clearly being dissipated by drug abuse.
“Funds were short. Your Ladyship may take the view that what should have been spent on that little boy was not being spent on that little boy.”

Thomas did not 'hide away' her son's injuries, says defence barrister

The defence barrister argued that Thomas did not “hide away” her son’s injuries, but sent regular messages to her mother, showing his bruises.
Thomas told her mother he got the injuries by falling down the stairs, the hearing was told.

Defendant 'was not the same young lady after he became part of their lives'

She said: “It is quite clear that there was a change when Sean Buckley became part of that small family unit.
“Chloe Thomas herself was not the same young lady after he became part of their lives.”
The defence barrister added: “She was supportive of her partner [Sean Buckley] and did not want to incur his disapproval.”

Defence barrister begins mitigation

The defence barrister is now starting mitigation. She says she will address three main areas: 
1. Drugs
2. Medical assistance
3. Recognition of the child being in ill health

Defendant 'sought to close her eyes to what was taking place', says prosecutor

The prosecutor said: “The defendant was aware the child was unwell and sought to close her eyes to what was taking place.”

Chloe Thomas has no previous convictions, hearing is told

Prosecutor Roger Thomas says Thomas is 25 and has no previous convictions.
The prosecutor says aggravating factors include the fact that the victim was a child and the fact that the victim was particularly vulnerable.
He argues it was also an abuse of a position of trust and that the defendant failed to seek medical help.

Our reporter Liz is at Cardiff Crown Court to get live updates from the hearing

Chloe Thomas is due to be sentenced at Cardiff Crown Court at 10.30am.
She will appear before Ms Justice Frances Patterson DBE.
The public gallery is starting to fill up. There are six people downstairs and five upstairs.

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