The director of a furniture company which supplied faulty cots that could have led to two infants suffering fatal injuries has avoided going to prison.

An Amersham Crown Court judge said she felt able to suspend the jail sentence she was giving to Phillip Dickens because of his lack of intent to cause injury in supplying the potentially deadly cots to the market.

The court heard yesterday that on two separate occasions babies became stuck head first in a horizontal gap in the railings on the cots after crawling through them feet first – leaving them dangling in mid air by their necks.

Dickens, of Underley Street, Burnley, Lancashire, had earlier pleaded guilty to a charge of placing an unsafe product on the market – contrary to the General Product Safety Regulations – and had entered another guilty plea for a similar charge relating to the company he is the sole director of, Baumhaus Ltd.

The 38-year-old had his three month prison sentence suspended for 12 months by Judge Karen Holt this morning.

Baumhaus Ltd, based near Bicester, was fined £12,000, while the company and Dickens must pay £35,653 in prosecution costs between them. They must also both pay £500 to the two mothers –Louise Conant and Deborah Turner – of the injured children in compensation.

The court heard Miss Conant only noticed what had happened to her 19-month-old daughter Ophelia due to the fact she had a video monitor installed in her bedroom at their home in Holmer Green.

Judge Holt said: “Seeing her daughter on the baby video monitor screen hanging by her neck was, using her words, beyond description and completely traumatic to her.

“In her view, it is without doubt the fact she had a video monitor that saved her daughter’s life.”

She added: “This is a serious offence because it came through your negligence. It could have caused the loss of life of babies.

“The crown’s case against the company and you was, with your negligence, this unsafe product was put on the market. Clearly, you did not act with all due diligence, or take all reasonable precautions to make sure such a situation would not occur.

“The product itself was dealing with the most vulnerable people in society, and I know that you accept that.”

Judge Holt said the design of the cot “could have been fatal”. She said although Dickens and the company had been “naïve and negligent”, there was “very strong mitigation” on their behalf.

The court heard the company immediately tried to recall all 212 cots it had sent out around the country when it was sent a copy of the video footage taken by Miss Conant by Buckinghamshire and Surrey Trading Standards, which brought the subsequent prosecution.

The court was told no health and safety tests on the cots were carried out in the UK, with the only quality control being made in the Chinese factory where the products were made. This did not comply with British safety standards, the judge said.