Source: All England Reporter
Publisher Citation: [2008] All ER (D) 180 (Jun)
Court: Court of Appeal, Criminal Division

Thomas LJ, Rafferty J and Judge Loraine-Smith

Representation Miles Trigg (assigned by the Registrar of Criminal Appeals) for the defendants.
Judgment Dates: 16 June 2008


Sentence - Custodial sentence - Seriousness of offence - Cruelty to a child - Defendants failing to seek medical attention for daughter following her consumption of drug - Whether sentence should have been suspended.

The Case

In the instant case, where the defendants had failed to seek medical attention for their daughter, following her part consumption of a 'Subatex' tablet prescribed to the second defendant in relation to his drug addiction, after which she had suffered respiratory arrest, the sentences of nine months' imprisonment following their guilty plea to cruelty to a child would be ordered to be suspended for a period of two years.

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