A British father has been spared a prison sentence after pleading guilty to causing the death of his two-year-old son, who fell from a hotel window in Cyprus in July. Joshua Foster, 37, was fined €3,000 (£2,500) by a Paphos District Court judge, who deemed a custodial sentence inappropriate given the circumstances.

The incident occurred on July 12 at the five-star King Evelthon Beach Hotel and Resort in Chlorakas, Paphos, where Foster and his family were staying. According to court testimony, Foster lifted his son, Jaxon, onto a windowsill on the fourth floor to allow him to see the resort’s waterpark. Unaware that the window was open, Foster lost grip of the child, who then fell approximately 12 metres (around 40 feet) to the ground below.

Jaxon was pronounced dead a few hours later at Paphos General Hospital, having suffered severe injuries including skull and bone fractures and internal organ damage. Prosecutors and witnesses described the fall as resulting from a momentary lapse of concentration during a “moment of relaxation” on holiday.

In sentencing, Judge Froso Christodoulidou acknowledged the seriousness of the case but emphasized there was no intention to cause harm. She noted that Foster’s failure to check whether the window was closed was a tragic mistake and said he would carry guilt for the remainder of his life. The judge also considered the potential impact a prison sentence could have on Foster’s career and family life, particularly since a custodial term could lead to him being struck off from his professional register.

At the time of the incident, blood tests showed Foster had a blood alcohol concentration of 124 mg per 100 ml, exceeding the UK drink-driving limit. However, the court accepted the defence argument that alcohol consumption did not significantly contribute to the accident.

Foster had spent eight days in custody following the incident before being released on bail, during which time he communicated with his other child, a five-year-old daughter, by video call to explain the tragedy. Legal representatives argued that the case should not have proceeded to trial, citing the profound psychological toll on the family and the father’s remorse.

Outside court, Foster expressed relief as he hugged his lawyer and family, saying: “We can go home.” A family spokesperson described the end of legal proceedings as a bittersweet moment, acknowledging the enduring impact of their loss while emphasizing their focus on supporting each other and moving forward.

The charge of causing death through a reckless, rash, or dangerous act, typically applied to traffic or workplace offenses, carries a maximum prison sentence of four years under Cypriot law. Despite the severity of the outcome, the judge’s decision reflected a balance between legal accountability and consideration of personal circumstances. The hotel where the tragedy occurred has seen multiple tourist deaths in recent years, raising concerns about guest safety.