Finley Boden: Jury told to ignore emotions when deciding if Chesterfield parents are guilty as prosecution states: "They are in it together"

The direction came from the judge presiding over the trial of Stephen Boden and Shannon Marsden, who deny murder.

They lived with the toddler for 39 days in Holland Road, Old Whittington. After his death on Christmas Day 2020, he was found with 130 injuries, including 59 fractured bones and burns to a hand.

As she began giving legal guidance, Mrs Justice Tipples told the 12 jurors: "Your experience of life and of the world is the great value of our jury system.

"Where there is conflicting evidence, you must decide how reliable, honest, accurate each witness is," she said at Derby Crown Court.

The judge said that the jury had to deal only with the evidence given during the hearing, telling them: "It is very important to put your emotions and feelings to one side.

"This is a tragic case where a young child has died and there may be an emotional reaction. You must not let sympathy or emotion sway you when deciding the case.

"Do not be overwhelmed by the gravity of the charges. Juries try such serious things up and down the country every day."

Charges of causing or allowing the death of a child are also denied by Marsden, 22, of no fixed address and Boden, 30, Romford Way, Barrow Hill.

They also plead not guilty to unlawful manslaughter and gross negligence manslaughter.

The judge went on: "The prosecution does not have to prove that anyone planned to cause Finley serious harm and that the intention was long standing.

"An intention may be formed in a moment, for example a sudden flash of temper. The fact that a person may regret their actions does not mean they did not form the intention at the time."

The judge said the jury would have to study information given by witnesses, including medics.

"There is no direct evidence of what happened.

"It is often the case that direct evidence of a crime is not available and the prosecution relies on circumstantial evidence," said the judge.

She told the jury of five women and seven men: "You should not make guesses or construct theories which are not based on evidence."

In her closing speech, prosecutor Mary Prior KC said the couple's main interest was smoking cannabis, at one stage spending £120 a day.

"They worshipped weed in the same way others worship God - it can do no wrong," said Ms Prior.

She said the couple claimed to have wanted to be a family but told "deliberate lies to social care."

Ms Prior went on: "If social care had been told the truth, Finley would be alive.

"Between December 4 and 25, Finley's life was a complete misery. He was burnt, bruised, had problems with spine compression, a sore and torn mouth which caused him to scream if it was touched.

"He was struggling to breathe, his breathing was noisy, Finley was vomiting blood and vomiting milk.

"He had fever, he had sepsis and he died."

Ms Prior said that the prosecution case was that the pair acted together. He suffered two burns to a hand, one caused by a naked flame and the other by a hot item.

"It would have been agony and he had to be silenced. He would have been screaming in pain.

"They were causing him serious bodily harm. They worked together to make sure he was quiet as he was being hurt so very badly.

"They are literally trying to get away with murder," said Ms Prior.

She said their plan was for each to deny seeing anything but the barrister told the jury: "It doesn't work because you have physical clear signs of how this happened, both of them holding the baby's mouth shut, causing it to tear.

"There is only one explanation - they are in it together.

"They have pat phrases of wanting justice for Finley. You can give him that, ladies and gentlemen," she said in her last words to the jury.

The case continues with closing speeches by the two KCs who defend Boden and Marsden.