A mother from Stoke-on-Trent has avoided an immediate prison term after her infant daughter died while they slept together on a sofa, following an evening where the mother consumed vodka.
The Tragic Night and Failed Responsibilities
Natasha Birks, 38, of Ricardo Street, Longton, had been drinking with a friend on the evening of November 1, 2021, ahead of her birthday the next day. The court heard she had sole care of her five-month-old daughter, Rhian, overnight as her partner was due to start work in the early hours.
Prosecutor Denise Breen-Lawton KC detailed how Birks and her friend drank a bottle of vodka while Rhian slept, with the adults intermittently going outside to smoke cigarettes. After the partner left for work at 1.15am, the drinking stopped and Rhian was placed on a sofa to sleep.
The baby was positioned between the two adults, who fell asleep on either side of her. Birks later told the court she woke at around 6am and placed a blanket over Rhian, but did not properly check on her condition. It was not until 9am that she realised her daughter was not breathing.
A Death Without Clear Cause and a Conviction for Neglect
Emergency services were called and attempted to revive Rhian, but she was pronounced dead in the ambulance at 9.35am. A post-mortem examination could not ascertain a definitive cause of death, with the case being categorised as Sudden Infant Death Syndrome (SIDS).
While Birks was not charged with causing Rhian's death, she was prosecuted for child cruelty by neglect. A jury at Stoke-on-Trent Crown Court found her guilty of the charge. At the time Rhian was discovered, police estimated Birks was still two-and-a-half times the legal drink-drive limit.
The prosecution argued that Birks had failed in her duty of care on multiple levels. "She decided to consume so much alcohol when she had care of her five-month-old baby," said Miss Breen-Lawton KC. The court heard she missed several opportunities to move Rhian to her cot and failed to notice the baby had not woken for a feed between 4.30am and 6am.
A Suspended Sentence and a Life of Regret
In mitigation, Gordon Aspden KC said the offence was "entirely out of character" for Birks, who had worked as a carer from age 18 and was a devoted carer for her father until his death from cancer in 2024. He described her as living with profound regret and said the tragedy had "blighted her life".
Judge Graeme Smith sentenced Birks to 18 months in prison, suspended for 12 months. He noted she had no previous convictions, had shown genuine remorse, and was the primary carer for her other children. The judge stated that being a parent required putting a child's interests first, and on this occasion, Birks had failed to do so.
The suspended sentence includes a 20-day rehabilitation activity requirement. Birks was also ordered to pay a £250 fine. Judge Smith concluded that the prospects of rehabilitation were good and an immediate custodial sentence would have a harmful impact on her other children.
