A dad who murdered his seven-week-old baby by shaking him to death is to have his jail sentence reviewed, after it was referred to the Attorney General under the unduly lenient sentence scheme.
Oliver Mailey, 26, was jailed for life with a minimum of 16 years at Preston Crown Court last month following a 10-day trial in which a jury found him guilty of murdering his son, Abel-Jax Mailey, by a majority of 11-1.
Mailey, formerly of Piccadilly Road, Burnley, had previously admitted manslaughter but denied he intended to do serious harm to Abel-Jax when he shook him with what doctors described as the “force of a car crash” on the morning of November 28.
The jury heard during the trial how Mailey had previously shaken the little boy between four and 10 days before the fatal injuries were inflicted, causing broken ribs and a bleed on the brain.
Doctors were able to ascertain this after discovering scar tissue and healing wounds when a post mortem was carried out on Abel-Jax after a decision to switch his life support off on November 30, 2021.
Mailey’s sentence is now under consideration by the office of Attorney General Victoria Prentis, after a member of public asked for it to be reviewed under the Unduly Lenient Sentence Scheme.
If the Attorney General deems his sentence to be 'unduly lenient', the case will be sent to the Court of Appeal, where his jail time could be extended.
If it is sent to the Court of Appeal under the scheme, the most senior judges in the land will then make a decision.
Mailey’s sentence will either be increased, stay the same, or judges may refuse to hear the case.
Even if a case is passed on to the Court of Appeal it may not change the sentence.
A decision will be made in due course.
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