Wednesday, March 21, 2007

Son Gets Seven Years in Elder-Abuse Death

By Peter Brieger, National PostPublished: Tuesday, March 20, 2007

TORONTO — A Scarborough man who treated the family dog better than his ailing mother was sentenced to seven years in jail Tuesday for “despicable conduct” that hastened the frail woman’s death.

“This is the most horrific and unimaginable example of neglect that I’ve experienced as a trial judge,” Mr. Justice Edward Then told a downtown courtroom. “It was despicable conduct . . . that borders on the obscene.”

But “like-minded” people must be sent a message that seniors and other vulnerable groups deserve “the special protection of the court,” Justice Then said. “The court must express its revulsion in no uncertain terms,” he added.

The case set a legal precedent in an elder abuse case because Mrs. Noseworthy, who suffered from Alzheimer’s disease, died of congestive heart failure.

In most cases, a manslaughter charge hinges on a person directly causing someone’s death.

“Justice Then’s sentence sends out the right message to protect the most vulnerable members of society,” Ms. Juginovic told reporters outside the courthouse. “(Mary Noseworthy) was extremely vulnerable and not in a position to defend herself.”

“Accelerating death is a manner of contributing to death,” Then said before convicting Noseworthy, a slight man with thinning, slicked back grey hair.

abridged, bold and photo mine for emphasis read it all here >>

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