In sentencing for negligently causing serious injury to an infant by shaking, where the offender has been repeatedly warned about rough treatment, the offending involves high level negligence and very high moral culpability, warranting a substantially higher sentence than cases of momentary inattention (such as [name withheld]). Lifelong risk of seizures and potential cognitive decline constitutes very serious injury even where there is no present disability, and should be assessed as a form of loss of enjoyment of life. Post-offence conduct such as lying about the cause of injuries and attempting to blame a child victim is properly treated as an aggravating factor illuminating moral culpability under the Scholes/England line of authority, though this must be argued on the plea.
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