Dr. Huyer

The appellant was convicted of manslaughter, criminal negligence causing death, and failing to provide the necessaries of life after her severely developmentally delayed sister starved to death while locked in her basement.

She was sentenced to nine years' imprisonment.

On appeal, she argued the trial judge provided insufficient reasons regarding expert evidence, failed to properly consider the mental elements of the offences, and imposed a sentence that offended the parity principle compared to her husband's conditional sentence.

The Court of Appeal dismissed the appeal, finding the trial judge's reasons sufficient, the mental elements properly established, and the disparity in sentences justified by the appellant's role as primary caregiver and lack of remorse.

The Crown appealed the global sentence of ten years (less four years pre-trial custody) imposed on the respondent for aggravated sexual assault and assault causing bodily harm against his six-year-old stepdaughter, and aggravated assault against his five-week-old biological son.

The Court of Appeal found the sentence manifestly inadequate, noting the trial judge over-emphasized the principle of totality and failed to adequately reflect the gravity of the offences, deterrence, denunciation, and the need to separate the respondent from society.

The global sentence was increased to sixteen years (less four years pre-trial custody).

The appellant was convicted of first-degree murder in the shaking death of his infant stepdaughter.

At trial, the Crown introduced similar fact evidence of a prior shaking incident to rebut the appellant's defence of innocent intention.

The appellant appealed, arguing the verdict was unreasonable and the jury was improperly instructed on the similar fact evidence.

The Court of Appeal held that while the verdict was not unreasonable, the trial judge failed to adequately relate the similar fact evidence to the legal issue of intent under s. 229(a)(ii) of the Criminal Code.

The appeal was allowed and a new trial ordered.