The appellant sought leave to appeal a nine-year sentence for unlawful act manslaughter based on failing to seek medical attention for a two-year-old child who died.
The trial judge conducted a Gardiner Hearing and found the appellant had assaulted both the mother and child, though could not determine if he inflicted the fatal blow.
The appellant argued the trial judge made palpable and overriding errors in her findings and that the sentence was disproportionate to the six-year sentence imposed on the mother.
The Court of Appeal dismissed the appeal, finding the trial judge's findings were supported by evidence and the disparity in sentences did not constitute error.
