The appellant appealed her convictions for aggravated assault and failing to provide the necessaries of life relating to severe injuries sustained by her premature infant.
The Court of Appeal quashed the conviction for failing to provide necessaries, finding insufficient evidence that a short delay in seeking medical attention permanently endangered the child's health.
The Court also ordered a new trial on the aggravated assault charge, holding that the trial judge misdirected the jury on the mens rea for party liability by suggesting that mere knowledge of the abuse, rather than an intention to aid or encourage the principal offender, was sufficient for a conviction.
The Court also provided guidance on the application of the 'deemed consent' defence in the context of normal child care.
