Vestuto, R. v

Vestuto, R. v

The sentence of 6 years' imprisonment was not manifestly excessive given the appellant's sustained, deliberate, and persistent administration of a dangerous drug to two children, resulting in the death of one and risk to the other, despite awareness of the risks and availability of support. The aggravating features outweighed the mitigating circumstances.

Parties
Prosecution: Regina; Appellant: Laura-Jane Vestuto
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Causing or Allowing the Death of a Child, Child Cruelty, Sentencing, Mitigation, Appeal Against Sentence
Criminal Law Child Protection Causing or Allowing the Death of a Child Child Cruelty Sentencing Mitigation Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecution

Laura-Jane Vestuto

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 6 years' imprisonment for causing or allowing the death of a child and 12 months concurrent for child cruelty was manifestly excessive
  2. 2 Whether the sentencing judge properly considered mitigating and aggravating factors

Ratio Decidendi

The sentence of 6 years' imprisonment was not manifestly excessive given the appellant's sustained, deliberate, and persistent administration of a dangerous drug to two children, resulting in the death of one and risk to the other, despite awareness of the risks and availability of support. The aggravating features outweighed the mitigating circumstances.

Court Disposition

appeal dismissed

Orders

  • Sentence of 6 years' imprisonment for causing or allowing the death of a child affirmed
  • Concurrent sentence of 12 months' imprisonment for child cruelty affirmed