Appeal court judges ruled Wolverhampton woman was suffering ost-natal psychosis and should never have been locked up.
A mum who threw her baby down a rubbish chute while suffering post-natal psychosis has been freed from jail after a top judge said she should never have been locked up.
Jaymin Abdulrahman dropped the six-day-old infant from the fifth floor, causing catastrophic injuries. The child is likely to need care for the rest of its life.
At Birmingham Crown Court in June, the 25-year-old, of Whitmore Reans, Wolverhampton, was cleared of attempted murder and causing grievous bodily harm with intent.
But she was jailed for 30 months after being found guilty of causing grievous bodily harm without intent.
Yesterday, however, she was freed by judges at London’s Criminal Appeal Court. They said her psychiatric condition meant she was acting completely out of character.
Lord Justice Laws reduced her sentence to 12 months – which she has already served. He said: “I am inclined to think she should not have been sent to prison at all.”
The judge told the court Abdulrahman put her baby into a black bag and threw it down the chute in September last year, just days after giving birth.
She told her husband the child – who cannot be named for legal reasons – had been snatched by two men. He called the police and rushed home.
The baby was found by its father in a rubbish bin and had sustained serious injuries, including skull fractures.
Abdulrahman, a Kurdish national, was later seen by a psychiatrist who said she was suffering from an extreme form of post-natal depression that affects just one in 500 women.
Dr Giles Berrisford told jurors at her trial, Abdulrahman was suffering from a mental illness known as post-partum psychosis, triggered by the sudden drop in hormone levels following childbirth.
Her change of behaviour, just days after giving birth, was a ‘classic presentation’ of the condition.
Allowing the appeal against her sentence, Lord Justice Laws said she should be released immediately.
Sitting with Mr Justice Griffith Williams and Mr Justice Dingemans, he added: “In our judgment, this is a wholly exceptional case.
“It is not merely that this appellant’s mental condition offers some mitigation for her actions – it is clear to us that the whole and only explanation for what she did was an acute psychosis.”
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