SUCCESSFUL PROSECUTION OF DEFENDANT FOR MURDER

Kyle Kitchen was convicted by a jury of the murder of his daughter Primrose at the Old Bailey. He had previously been convicted in 2016 of two offences of causing grievous bodily harm with intent on Primrose when she was 8 weeks old. She had subsequently developed severe disabilities as a result of the assault and died aged 6.

The trial, prosecuted by Jennifer Knight KC and Jenny Burgess and subsequently by Jenny Burgess and Sam Barker, was heard in front of Mr Justice Murray over 4 and a half weeks. The prosecution team was instructed by Kirsty O'Connor of CPS Homicide.

The prosecution case relied on the evidence of 9 medical professionals and experts, many of whom treated Primrose when she was originally admitted to Great Ormand Street Hospital in November 2014. The defendant called two expert witnesses based in the US who attempted to establish that the catastrophic brain injury suffered by Primrose was not caused by the defendant violently shaking her. The defendant, who carried the burden to prove that he had not committed the offences of which he was originally convicted, failed to persuade the jury that he had not caused the injuries. The jury rejected the alternative of manslaughter which was left open to them.

Sentencing was adjourned to 2nd April 2025.

Jenny Burgess and Sam Barker specialise in the prosecution and defence of homicide offences as well as other serious crime.