Lindsay, R v, Court of Appeal - Criminal Division, September 26, 2018, [2018] EWCA Crim 2171

Resolution Date:September 26, 2018
Issuing Organization:Criminal Division
Actores:Lindsay, R v
 
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Neutral Citation Number: [2018] EWCA Crim 2171

Case No. 2018/03049/A1

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

The Strand

London

WC2A 2LL

Date Wednesday 26th September 2018

B e f o r e:

LORD JUSTICE TREACY

MRS JUSTICE ELISABETH LAING DBE

and

MR JUSTICE FRASER

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R E G I N A

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JESSICA AURORA LINDSAY

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Computer Aided Transcript of

Epiq Europe Ltd, 165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk

(Official Shorthand Writers to the Court)

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Mr J Morgans appeared on behalf of the Appellant

Mr S Spence appeared on behalf of the Crown

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J U D G M E N T (For Approval)

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LORD JUSTICE TREACY:

  1. Having previously pleaded guilty at the earliest opportunity to an offence of neglecting a child, the appellant was sentenced in the Crown Court at Norwich on 20th July 2018 to a term of sixteen months' imprisonment. A period of 67 days spent on a qualifying curfew was ordered to count towards that sentence.

  2. A co-accused, Shane Riley (the appellant's partner), also pleaded guilty. He was also sentenced to sixteen months' imprisonment.

  3. The victim in the case was the baby son of the defendants. The indictment arose from his sudden and tragic death at the age of seven weeks in early February 2017. On the evening prior to the baby's death, both parties had been drinking and they had consumed cocaine. It appears that the appellant had consumed considerably less alcohol than Riley, but the pharmacological evidence showed that both were likely to have been intoxicated with cocaine and alcohol in a way which would significantly have impaired their ability to care for a dependent child.

  4. Friends had been present during the evening. They described the appellant as feeling unwell and going to bed, leaving Riley downstairs with the child. At that stage, the plan was for the baby to go and stay with friends. The appellant was present when a bag was packed. Riley, however, later changed those arrangements so that the baby stayed in the couple's home for the night. Riley went to bed, taking the baby with him into the bed which he and the appellant shared. Early the following morning, the baby's lifeless body was discovered in the bed. The appellant immediately called 999.

  5. A post-mortem examination found that there were no signs of trauma or violence towards the baby. It did not establish a conclusive cause of death, although what was described as "overlaying" was not...

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