The father of Tony Hudgell, a little boy who lost both legs after being abused as a baby, has had his automatic release from prison blocked under new powers to protect the public from dangerous offenders.
Tony, now seven, was just 41 days old when he was assaulted by his birth parents, an attack which caused multiple fractures, dislocations and blunt trauma to the face, leading to organ failure, toxic shock and sepsis.
He was left untreated and in agony for 10 days and was on the verge of dying before doctors at the Evelina London Children’s Hospital saved his life. His injuries were so bad that both his legs had to be amputated.
Anthony Smith and mum Jody Simpson were both jailed for 10 years over the horrific abuse in 2018, the maximum sentence available at the time.
Smith had been due for release in early September at the halfway point of his tariff, but his case has been referred to the Parole Board by Justice Secretary Dominic Raab.
The referral overrides the automatic conditional release of a prisoner in specific circumstances where public safety is deemed to be at risk.
Simpson’s release on licence was also put on hold earlier this month.
A decision on whether to release either or both of them will be made by the Parole Board in due course, the Ministry of Justice said.
Mr Raab said: ‘The first duty of government is to protect the most vulnerable – and no-one is more vulnerable than a child.
‘I will do everything in my power to prevent another child enduring the abuse inflicted on Tony Hudgell.
‘That’s why I’ve put Anthony Smith’s release on hold and will be referring his case to the Parole Board so that any risk he might pose is thoroughly checked.’
Tougher sentencing for child abusers came into force in June, meaning anyone who causes or allows the death of a child or vulnerable adult in their household can now be given up to life in prison – increased from the previous 14-year maximum.
The sentencing changes under the Police, Crime, Sentencing and Courts Act 2022 are known as ‘Tony’s Law’, following campaigning by the youngster’s adoptive family.
Tony’s adoptive mother, Paula Hudgell, previously welcomed the halting of Simpson’s automatic release, saying she was ‘over the moon’.
Of her son, she said earlier this month: ‘Tony suffers every single day, and their sentence doesn’t reflect the severity of the crime.
‘These sentences were given out and I feel they should serve that time, it shouldn’t just be half that time.
‘The seriousness of Tony’s injuries are life-long and that’s why we fought for tougher sentences.’
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