EG [2019] EWCA Crim 1227

The appellant pleaded guilty on the day of trial to child cruelty. She was sentenced to 3 years and 6 months’ imprisonment.

Her twin babies were found to be severely malnourished, leading to serious developmental harm.  The appellant had 5 children under the age of 5, was a drug addict and of previous good character. Her lifestyle was chaotic, and she had suffered several bereavements in the relatively recent period.

It was submitted that an increase in the starting point from 36 to 56 months, before any reduction for mitigation or plea, resulted in too high a sentence.

Held: the acute period of starvation was the result of the parents’ chaotic lifestyle leading them to disregard the twins’ welfare. The prosecution credibly suggested it was a case of high/medium culpability. As there were two victims, both of whom suffered equally, it could not be concluded that the sentence was manifestly excessive.

The appeal was dismissed.