A starting point of 12 years for manslaughter by criminal negligence involving the death of an infant from prolonged malnutrition and dehydration was held to be manifestly excessive; an appropriate starting point was 9 years. General deterrence is of limited relevance in sentencing for parental neglect manslaughter because most parents do not require the threat of criminal sanction to nourish their children. Findings about an offender's awareness of the consequences of neglect are relevant to moral culpability within the framework of criminal negligence and do not convert the sentencing basis to reckless murder.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.