A woman who was supposed to be looking after a little girl who fell from a second floor window in Fife will be monitored for 18 months.
The child was left with a severe brain injury after plunging from a second floor window as Sarah Humphreys, who was looking after her, played an online game.
Humphreys admitted wilfully neglecting the young child by failing to properly supervise her on March 18 last year.
Humphreys, 31, failed to ensure adequate locks were fitted on the upper-floor window, despite being warned two weeks before by a police officer who saw a child leaning out of it.
Last week, she was ordered to complete 180 hours of unpaid work in a year and placed under supervision.
She wept in the dock after being sentenced by Sheriff James Williamson.
‘Catastrophic outcome’
Humphreys’ solicitor David Bell told Sheriff Williamson it was “undoubtedly not a straightforward case”.
He said: “Your lordship is dealing with a catastrophic outcome of what was a momentary period of lack of supervision.
“The consequences result from the failure to properly secure the window from where the incident came.
“She knows it’s very serious. She’s going to have to live with this for the rest of her days.”
The court previously heard the window had a handle with three positions – to lock, tilt or open fully.
The child managed to open it fully.
Sentencing had been deferred for reports.
Direct alternative to custody
Addressing Humphreys, the sheriff said it was a “tragic incident”.
“The consequences for the child are life-changing.
“However, one of the things that troubles me – it’s clear to me there’s more to this than the fall out the window.
“There’s a background whereby you neglected the child.
“Having said all that, I think the whole background – your personal circumstances – mean I can deal with this in a way which means you can avoid going into custody.
“I’m not sure you fully understand how you’ve come to be here today.
“I should stress to you that this is an alternative to a custodial sentence.”
Incident detailed previously
At a previous hearing, procurator fiscal depute Ronnie Hay also said Humphreys had heard the child meddling with the window and “instructed her to come away”.
She later set up an online game downstairs and was wearing headphones when the child fell from the building in Glenrothes.
Humphreys was heard by neighbours screaming: “She has fallen from the bedroom.”
Other people found the girl lying outside, breathing but unresponsive and paramedics were called.
The fiscal depute said the girl was later flown by air ambulance to a children’s hospital in Glasgow to be treated for “multiple major injuries”.
At Kirkcaldy Sheriff Court, Humphreys pled guilty to wilfully neglecting children in a manner likely to cause them unnecessary suffering or injury to health on March 18 2021.
Gaming was a ‘means of escaping’
Previously, Mr Bell said Humphreys had been “struggling” at the time of the incident as she had been “a victim of a series of domestic matters” involving her ex-partner.
The solicitor said this former partner was prosecuted and convicted over his behaviour towards the end of their relationship.
Mr Bell said: “She accepts her focus was not on the risk this window presented and now realises it should have been”.
The lawyer said online gaming was something Humphreys did “as part of a means of escaping”.
Mr Bell added: “At this point in time, through a combination of factors, she was under a huge amount of stress and neglected to sort out the crucial risk”.