A sentence of nine years' imprisonment with a serious violent offence declaration is excessive for the manslaughter of an infant where the offender pleaded guilty and had no significant criminal history, even where there was a pattern of prior cruelty, intoxication, and refusal to seek medical treatment. The appropriate outcome in such circumstances is nine years with parole eligibility at the five-year mark rather than the 80 per cent mark imposed by an SVO declaration. The sentencing range for protracted cruel harm to an infant resulting in death tends to be eight to ten years before consideration of mitigating factors.
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