The appellants were convicted of failing to provide the necessaries of life to their three-year-old child, who was found to be malnourished and suffering from untreated open wounds.
They appealed their convictions and six-month sentences, arguing that a failure to provide medical attention does not constitute 'necessitous circumstances' under s. 215(2)(a)(i) of the Criminal Code.
The Court of Appeal dismissed the appeals, holding that medical attention is a necessary of life and its deprivation can amount to necessitous circumstances.
The court found no material misapprehension of evidence by the trial judge and upheld the sentences as fit given the serious breach of trust.
