1. ITV Report

Man jailed over baby death

Ben Smith outside court Photo: Calendar

A father who killed his four-month-old daughter when he threw her to the floor in "exasperation" has been jailed for five years.

A judge said he accepted Ben Smith, 34, was at the end of his tether and acted "totally out of character" when he fatally injured baby Mia in December 2009.

Smith was struggling to feed her and cope with her crying when he momentarily lost control at the family home in Wakefield, West Yorkshire, Leeds Crown Court heard today.

He had just worked a week of night shifts in a supermarket warehouse when he found himself looking after his daughter when his wife, Amy, was admitted to hospital with shingles.

Smith originally told police that Mia, who suffered from colic, had simply slipped from his arms and banged her head on the floor, a judge heard

But earlier this week, as Smith was about to go on trial for murder, he admitted manslaughter and this plea was accepted by prosecutors.

"All indications are that you were a loving father. I accept that you simply came to the end of your tether in very trying circumstances. This is a case in which you lost control of yourself and a case of lack of intent. You acted totally out of character. You will have to live with what you've done."

– Mr Justice Lloyd-Jones

Smith, of Netherton Lane, Wakefield, who was wearing a dark suit and black shirt, listened carefully from the dock before he was led away.