FW [2019] EWCA Crim 275

The appellant was sentenced to 12 months’ imprisonment for wilful neglect of her 2 year old child. The judge erred in taking account of factors that arose after a call to the emergency services when it had been made clear to the jury that the relevant fact were those up to the call and not beyond. The second error was the reference to guidelines that had not yet come into force. In those circumstances the sentence was manifestly excessive and was substituted with one of six months, which allowed for the appellant’s immediate release.