Sentencing of accused after he pleaded guilty to failing to provide necessities of life to his seven week old son who required medical aid. Accused and his wife were deaf. They brought child to hospital and he was found to have suffered variety of serious injuries. Accused admitted that he inflicted injuries on child by his actions or by his negligence. He was 38 years old and he did not have criminal record. His presentence report was positive. Accused was high-functioning individual of previous good character who persevered to overcome his deafness, which was significant challenge in his life, and he accepted responsibility for offence. He was sentenced to nine months’ imprisonment, to be followed by three years of probation. He was not to be alone in presence of his child in absence of another adult. Request for conditional sentence was considered. Accused did not represent risk to community and there was no risk that he would reoffend. Request was denied because conditional sentence could not be fashioned that would meet needs of general deterrence and denunciation. Jail sentence was called for because child suffered multiple incidents of trauma that were allowed to go on without medical attention being provided for significant number of days.
R. v. Keddy
(Feb. 7, 2012, Ont. C.J., Bellefontaine J., File No. 2811 998) 99 W.C.B. (2d) 880 (15 pp.).