Crown appeals sentences of parents convicted in Alberta meningitis trial

The Crown prosecutor has filed an appeal for the sentences of David and Collet Stephan, found guilty of failing to provide the necessaries of life. The judge found the couple failed to get proper medical treatment for their son who died of bacterial meningitis.

A judge in southern Alberta sentenced David to four months in jail and his wife, Collet, was given three months of strict house arrest — 24 hours a day, seven days a week. She was only to be allowed to go out for medical appointments and church.

READ MORE: Alberta couple found guilty in meningitis death of 18-month-old boy

Both were to stay on probation for two years after they complete their sentences and would have to complete 240 hours of community service by 2018.

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A spokesperson for Alberta Justice told Global News the sentences are being appealed on the following grounds:

1. The sentence is not proportionate to the gravity of the offence or to the degree of responsibility of the offender, and is unfit.
2. The sentencing judge gave insufficient weight to denunciation and deterrence.
3. The sentencing judge underemphasized, or failed to give weight to, relevant aggravating factors.
4. The sentencing judge overemphasized mitigating factors, or gave mitigative weight to factors that are not mitigating.
5. The sentencing judge misinterpreted the legal doctrine of wilful blindness.
6. Such further grounds as counsel may advise.

Watch below: Global’s ongoing coverage in the trial of David and Collet Stephan

1:58 Sentencing arguments begin for David and Collet Stephan

• Sentencing arguments begin for David and Collet Stephan
• Online post by father of Ezekiel Stephan criticizes prosecutor
• David and Collet Stephan found guilty
• RAW: David Stephan’s aunt reacts to verdict
• RAW: David Stephan’s brother-in-law reacts to verdict part 1
• RAW: David Stephan’s brother-in-law reacts to verdict part 2
• David and Collet Stephan found guilty
• David and Collet Stephan police tapes released
• RAW: Crown speaks after Stephan guilty verdict part 2
• RAW: Crown speaks after Stephan guilty verdict part 1
• Closing remarks made in Stephan trial
• Collet Stephan takes the stand

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“This trial and this sentence is to ensure that the community standard of care set by the Criminal Code is followed,” Crown prosecutor Lisa Weich said outside court immediately after the sentencing. “Some people might believe that this is an out of ordinary occurrence. There have been numerous cases where parents and caregivers have been found guilty of failing to provide necessaries. It is the exact same standard in every case.

“While Justice Jerke did not find as a fact that Mr. and Mrs. Stephan’s conduct caused Ezekiel to die, he did in fact, unfortunately pass away and he will not be able to experience any of the highs and lows that people encounter as they grow into adults.”

TIMELINE: Ezekiel Stephan’s final days

The Stephans, whose family helped start a nutritional supplements company, were found guilty in April of failing to provide the necessaries of life to their son.

They thought he had the croup or the flu and treated him instead with hot peppers, garlic, onions and horseradish–even though a family friend who was a nurse said she thought 18-month-old Ezekiel might have meningitis.

WATCH ABOVE: The Crown prosecutor in the trial of David and Collet Stephan speaks to media after the sentencing.

4:10 Crown in Stephan trial speaks after sentencing

With files from Global’s Liam Nixon and The Canadian Press