The appellant, L.K., appealed her convictions for sexual assault, criminal negligence, failing to provide necessaries of life, child abandonment, and obstructing justice, stemming from her involvement in the sexual abuse of her minor daughter by two acquaintances and her conduct during the police investigation.
She also sought leave to appeal her sentence and brought a motion to adduce fresh evidence, both of which were abandoned during oral argument.
The appeal focused on alleged deficiencies in the jury charge, including the absence of a W.D. instruction for exculpatory evidence, failure to provide a "no probative value" instruction for obstruction evidence, leaving criminal negligence with the jury, and an objective assessment of intent for child abandonment.
The Court of Appeal dismissed the appeal, finding the jury charge functionally adequate, the criminal negligence charge properly left to the jury, and the error in the child abandonment instruction harmless due to the curative proviso.
