Failure to provide necessaries of life
R. v. Dahl
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1Ms. 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.
The record
Sources
- 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.
- Criminal Code, s. 215 Record, Justice Laws Website
- R. v. Dahl, 2022 BCSC 1792 Court decision, Courts of British Columbia