The appellant appealed a conviction for manslaughter by criminal negligence in connection with the death of a foster child.
The child died from blunt force trauma inflicted by the appellant's spouse.
The appellant was acquitted of a second count of manslaughter by failing to provide the necessaries of life.
The Court of Appeal held that the two verdicts were inconsistent and unreasonable because the evidence and legal elements underlying both charges were inextricably wound up, relying on the same failure to protect the child.
The appeal was allowed and a new trial was ordered.