SENTENCING - Criminal negligence - Offences involving breach of trust

Law360 Canada ( November 25, 2019, 10:37 AM EST) -- Appeal by the Crown from a sentence of three months imprisonment for criminal negligence causing death. The respondent pleaded guilty. The respondent’s 89-year-old mother fell out of her bed onto the floor and was unable to get up. She remained on the floor on her side for the next 26 days until her death. While the respondent, 62, who lived with his mother, provided her with water and nutritional drinks during the time that she was lying on the floor, he was unable to get her back into bed, and did not move or reposition her as she was lying on the floor or seek assistance for her. She died from complications due to advanced bedsores and prolonged immobility from lying on her side. The respondent was described as immature, indecisive and passive, never going against his mother’s wishes or becoming independent. The sentencing judge held that, for the purposes of sentencing, in the absence of physical abuse, the circumstances would be akin to failing to provide the necessaries of life....
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