K. Vanderlee

The accused, a paternal grandfather, was charged with manslaughter in the death of a 13-month-old child in his care.

The child suffered a fatal traumatic brain injury while under the accused's supervision.

The Crown alleged the accused violently shook the child and impacted the child's head against a hard surface.

The defence contended the child's injuries resulted from an accidental collision with a large family dog.

The court found the accused guilty of manslaughter, rejecting the defence theory as internally inconsistent, medically implausible, and unsupported by credible evidence.

The court determined the accused assaulted the child through violent shaking, which constituted the unlawful act causing death.

The offender pleaded guilty to dangerous driving causing bodily harm after driving his vehicle head-on into another vehicle at excessive speed while impaired by alcohol and lorazepam.

The victim sustained severe, life-altering injuries including broken legs, crushed knee, and skull trauma.

The Crown sought 30 months imprisonment emphasizing general deterrence for otherwise law-abiding individuals.

The defence sought a suspended sentence or intermittent custody, highlighting the offender's psychological fragility, remorse, and rehabilitative efforts.

The court imposed 18 months in reformatory followed by two years probation, finding general deterrence to be the predominant sentencing principle while considering the offender's lack of criminal record and psychological vulnerability.