A small number of prior sentences for the manslaughter of children by parents or carers does not establish a sentencing range or pattern that constrains the sentencing discretion. The cases summarised in R v Woodland establish a range of only five to ten years, but this does not represent the full range of objective criminality for such offences. Sentences for manslaughter and murder may overlap, and this overlap is not confined to 'the clearest and most exceptional circumstances'. Where manslaughter involves sustained violence and gratuitous cruelty against a defenceless infant, a starting point significantly above the range identified in prior cases may be appropriate.
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