Jennifer Swart

This sentencing decision concerns L.M. and B.W., who were found guilty after trial of failing to provide the necessaries of life to L.M.'s six-year-old daughter, C.M., after she suffered serious burns.

B.W. was also convicted of aggravated assault for causing the burns by spraying hot water on C.M. The court reviews the circumstances of the offences, the backgrounds of the offenders, the impact on the victim, and the applicable sentencing principles.

B.W. received a global sentence of three and a half years' imprisonment, and L.M. received a 14-month conditional sentence followed by probation.

The decision discusses the primacy of denunciation and deterrence in cases involving child victims and the increased maximum sentences for these offences.

The accused, a father and his common-law partner, were charged with failing to provide the necessaries of life to a six-year-old child, and the partner was additionally charged with aggravated assault.

The child sustained severe burns to her buttocks from hot water while in the care of the accused.

The court found that the partner intentionally caused the burns in an angry outburst and that both accused failed to seek timely medical attention, which constituted a marked departure from the conduct of a reasonably prudent parent or caregiver.

Both accused were found guilty of failing to provide the necessaries of life, and the partner was found guilty of aggravated assault.

The accused pleaded guilty to nine charges spanning multiple offences including assaults on her children and niece, assault causing bodily harm to an intimate partner, robbery, breach of bail conditions, and possession of cocaine for the purpose of trafficking.

The accused had been in custody for approximately 292 days prior to sentencing.

The court imposed a global sentence of 17 months imprisonment concurrent with 13 months for assault causing bodily harm, with additional concurrent sentences for lesser offences, followed by 24 months probation with strict conditions.

The court applied Gladue principles in moderating the sentence while maintaining denunciation and deterrence.