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Sentencing reasons for unlawful act manslaughter involving the death of a six-year-old child. The court accepted a joint submission and imposed 143 months for each accused.
The court assessed damages for eight admitted child sexual assaults, awarded $33,000 in non-pecuniary/aggravated damages and $5,000 for future care, and declined punitive damages.
The convictions for aggravated assault and manslaughter are upheld because the trial judge's findings were supported by the totality of the evidence (multiple medical experts and witness evidence); any isolated misdating of certain fractures was immaterial to the verdict; credibility findings were reasonable and entitled to deference; the Crown was not required to prove the precise mechanism of death, only that death resulted from unlawful abusive trauma; appeal dismissed.
Source excerpt
Court of Appeal upheld a four-year sentence for aggravated assault of a three-year-old child, finding no error in the trial judge’s sentencing analysis.
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