Failure to provide necessaries of life

R. v. Dahl

Sentence and the Crown's position

Crown asked18 months in custody1
Judge imposed12 months conditional sentence, then 12 months probation1
18 months less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum5 years
Crown asked18 months in custody
Judge imposed12 months conditional sentence
Defence askedSuspended sentence
For failure to provide necessaries of life (CC 215), the Criminal Code currently allows up to 5 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 20% of the maximum. Read the section.

Astrid Charlotte Dahl was convicted after trial of failing to provide the necessaries of life to an adult with Down syndrome in her home care, who died of malnutrition in 2018. The Crown sought 18 to 36 months of incarceration; the defence urged a suspended sentence. Justice Crossin imposed a 12-month conditional sentence followed by 12 months of probation, finding her conduct was driven by a misguided view of compassion and that there was no suggested risk of re-offending.

In the judge's words

Ms. Dahl, up until the events before us, lead a productive and responsible life. The paralysis of judgment exhibited in this case appears to be isolated. It is not suggested there is a risk of re-offending.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Suspended sentence1
Appeal
Not yet checked
Counsel
Crown: J. Fogel, T. Landiorio
Defence: G. Orris, K.C., F. Alamy

Sources

  1. R. v. Dahl, 2022 BCSC 1792 Court decision, CanLII, September 29, 2022[20] The Crown seeks a sentence of 18 to 36 months' incarceration.[63] In my view the suspension of the passing of sentence as urged by Ms. Dahl does not adequately address these principles.[1] On July 15, 2022 Ms. Dahl was convicted of failing to provide the necessaries of life to …[73] Ms. Dahl, up until the events before us, lead a productive and responsible life. The paralysis of judgment exhibited in this case appears to be isolated. It is not suggested there is a risk of re-offending.[74] I impose a 12 month conditional sentence to be followed by 12 months probation.
  2. Criminal Code, s. 215 Record, Justice Laws Website
  3. R. v. Dahl, 2022 BCSC 1792 Court decision, Courts of British Columbia

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