The Crown appealed a sentence of six months' imprisonment and three years' probation imposed on the respondent for failing to provide the necessaries of life, which contributed to the death of her 22-month-old son.
The Court of Appeal found the original sentence manifestly unfit given the enormity of the crime, noting that an 18-month sentence would have been appropriate under the previous regime.
However, because the respondent had already served her sentence, was out of custody, and had presented fresh evidence of rehabilitation and counselling, the Court declined to return her to custody and dismissed the appeal.