R v Lewis Richard John Romanis
[2023] EWCA Crim 1612
R v Fartun Jamal
23 February 2023
[2023] EWCA Crim 329
Court of Appeal
A mom was jailed for killing her baby due to neglect. The judges thought the original sentence was too long because she was depressed and had tried to get help. They made her sentence shorter.
Key Facts
- •The appellant, a 25-year-old single mother, was convicted of causing the death of her 11-month-old daughter (Count 1) and three counts of cruelty to a person under 16 (Counts 2-4).
- •The daughter's death was caused by the appellant's failure to seek medical intervention for bronchitis and bronchopneumonia.
- •The appellant's flat was in disgusting and filthy conditions unsuitable for young children.
- •The appellant suffered from long-standing depression and had a below-average IQ (70).
- •The appellant had sought help from social services but no intervention occurred before the death.
- •The trial judge sentenced the appellant to 5 years' imprisonment for Count 1, 4 years 6 months concurrently for Count 2, and 6 months consecutively for Counts 3 and 4 (total 5 years 6 months).
Legal Principles
Reporting restrictions apply to protect the identities of children involved in criminal proceedings.
Youth Justice and Criminal Evidence Act 1999, Section 45
Sentencing guidelines for offenders with mental disorders should be considered.
Sentencing Offenders with Mental Disorder, Development Disorders or Neurological Impairments Guideline
When sentencing carers of young children, the court should consider the best interests of the victim and other children in the offender's care, balanced with the seriousness of the offence.
Sentencing Guidelines
The principle of totality must be observed when determining the overall sentence.
Not explicitly stated but implied throughout the judgement
Outcomes
The appeal against sentence was allowed.
The trial judge did not give sufficient weight to the mitigating circumstances, particularly the appellant's long-standing depression and the impact on her surviving children.
The sentence for Count 1 (causing death) was reduced from 5 years to 3 years 6 months.
Mitigation factors, including depression and seeking help, were not adequately considered.
The sentence for Count 2 (neglect) was reduced from 4 years 6 months to 2 years.
Same as above.
The sentences for Counts 3 and 4 (cruelty) remained at 6 months each, but were made concurrent with the sentences for Counts 1 and 2.
To reflect the principle of totality.
The final sentence was 3 years 6 months imprisonment.
The longest concurrent sentence after adjustments.