New trial set for couple who appealed their conviction in son’s meningitis death

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The Stephans eventually called 911 but the toddler died in hospital.

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The Supreme Court ruled the trial judge did not properly instruct jurors on what would be a marked departure from reasonable behaviour “in a way that the jury could understand.”

David Stephan received a four-month jail sentence, while his wife was given three months of house arrest.

The Alberta Court of Appeal upheld the conviction last November, but because the ruling wasn’t unanimous, the couple had an automatic right to take their case to the Supreme Court.

(lethbridgenewsNOW)

The Canadian Press