A sentence of six years' imprisonment with parole after two and a half years for manslaughter by heroin injection was upheld as within range, though at the top end, where the offender knew of the deceased's inexperience with heroin and the high purity of the drug. The absence of intention to harm, while a very significant factor in manslaughter sentencing, may not be established where the act involves injection of a dangerous drug known to cause harm. The De Simoni issue — whether treating the illegality of the drug as an aggravating factor impermissibly punishes for an uncharged offence — was raised but left unresolved.
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