Sentencing issued for couple who concealed stillborn infant in waste bin

A pair received their sentences after hiding the birth of a stillborn infant, which had been wrapped in a towel and deposited in a domestic waste bin. Sophie Harvey and Elliot Benham, both aged 25, admitted guilt to charges of conspiracy to acquire a poison with the intention of inducing a miscarriage and attempting to hide the birth of a child. However, prosecuting authorities opted not to proceed with accusations that Ms. Harvey, residing at St Mary’s Road, Cirencester, unlawfully terminated her pregnancy, which was beyond 28 weeks’ gestation, and which she stated was stillborn when she delivered at 19 years old. Ms. Harvey received a sentence of 18 hours of community service, whereas Mr. Benham, from Wingfield, Swindon, was mandated to complete 150 hours of unpaid labor. The Crown Prosecution Service stated that after “careful reflection,” it chose not to pursue additional charges claiming Ms. Harvey had illegally aborted her baby, a decision it deemed “not in the public interest.” During the sentencing of the two individuals at Gloucester Crown Court, Judge Lawrie remarked: “It was an act of your immaturity at the time, and your youth.” The judge continued: “You were confronted with a scenario beyond your expectations.” He added: “The baby was stillborn in a bathroom and a life was sadly lost. The loss of that life was a tragedy and that small child was treated by being wrapped in a towel and placed in a bin.” Judge Lawrie further stated: “What it means is there was an absence of compassion and humanity.” The judge also noted: “The impact upon your lives has been traumatic and I am sure this will continue for some time.” The court heard that at the time of the incident, both individuals were 19 years old and had been in a relationship for one year prior to Ms. Harvey’s pregnancy. Anna Vigars KC, acting for the prosecution, informed the court that the couple visited Ms. Harvey’s general practitioner, believing her last menstrual period was in April, which would have made her 16 weeks pregnant. She explicitly communicated to her GP that she did not wish to carry the baby to term, and an appointment was arranged for her at a medical clinic. However, upon their visit to the BPAS pregnancy advisory service in Swindon, an ultrasound scan indicated that the foetus was older than 28 weeks. “Staff say both of them appeared very shocked by the news they were given,” Ms Vigars stated. Representing Ms. Harvey, Thomas Godfrey stated that his client had ordered pills intended to induce an abortion, but both Ms. Harvey and Mr. Benham asserted that Ms. Harvey experienced a stillbirth during the period between the ordering and arrival of the pills. Ms. Harvey recounted feeling distressed and disoriented after entering labor at her residence in September 2018. In late November, law enforcement officers were summoned to Ms. Harvey’s home to speak with her and investigate the circumstances surrounding the child. During a search of their residence, police found that one of the pills was unaccounted for. Ms. Harvey clarified this by stating that following the stillbirth, she considered taking a pill to ensure the expulsion of the placenta but subsequently reconsidered due to its illegal nature. “Those admissions were made in November 2018,” Mr. Godfrey noted. He continued: “The investigation took five years. It wasn’t until 2023 that Miss Harvey was eventually charged, which in any view is an unacceptable length of time.” Mr. Godfrey further stated: “It is plain from reading the pre-sentence report the effect that the media attention has had not just on Sophie Harvey but also Mr Benham.” Ms. Harvey and Mr. Benham entered pleas of not guilty to additional charges of obtaining a poison to induce a miscarriage and performing an act with the intent to obstruct the course of public justice. Ms. Harvey also denied the charge of administering a poison with the intention of procuring a miscarriage. In addition to the community sentence, Ms. Harvey was mandated to undergo 18 months of mental health treatment. Both individuals were also directed to each pay a £114 surcharge. A spokesperson for the CPS commented: “We recognise the profoundly painful circumstances surrounding this case, which our prosecutors have approached with sensitivity and care.” The spokesperson added: “Our duty is to apply the law set by Parliament impartially – especially when dealing with the most difficult or complex decisions.” They concluded: “The defendants have pleaded guilty to two offences, and after careful reflection we have concluded that it is not in the public interest to pursue further charges.” For updates, follow BBC Gloucestershire on Facebook, X, and Instagram. Story ideas can be submitted via email or WhatsApp at 0800 313 4630. Copyright 2024 BBC. All rights reserved. The BBC disclaims responsibility for the content of external websites. Information regarding our external linking policy is available.