6. Father Jailed in Death of Son Left Unsupervised Mother also sentenced after van ran over boy Edmonton - The father of a five-year-old boy, killed when he was run over by a van while riding his bike unsupervised, was sentenced yesterday to a year in jail. Robert Shaw, 44, and Starlene Gibson, 35, were sentenced for failing to provide the necessities of life for their son Leslie. Gibson was given a conditional sentence of seven months to be served in the community. Maximum sentence for the offence is two years in jail. "I find it particularly bothersome because they had been previously warned," Justice Del Perras said of the parents, Denise Nelson, Shaw's sister, was upset that her brother was jailed. "Robert wasn't driving that van. He did not send his child out in traffic to play. He did not want to kill his son and that's how they made it look," she said outside the court. Leslie Shaw was riding his bike alone near his inner-city home when a cable-TV company van backed over him in august 1999. Police determined that the driver was not at fault. The jury at his parents' trial was told that Leslie and his three-year-old brother were often seen unsupervised and that Shaw and Gibson were told by social workers that their children would be seized if they were not monitored properly. The neighbourhood is known for heavy traffic and is frequented by drug dealers and sex offenders. A child welfare worker visited the couple's home on July 6, 1999, to investigate an allegation that one of the children had almost been run over by an ambulance. The worker found Gibson "extremely impaired" from drugs. At that time, Shaw promised the social worker he would supervise the children when they were outside. Perras said Shaw's failure to keep that promise, and a long criminal record, were factors in his decision to jail the father. Perras also said a comment Shaw made to police the day Leslie died - about how he hoped child welfare officials wouldn't come after them - was self-centred and showed "no remorse for Leslie's death." His sister said that's not true. "Robert has a soul, he has a heart, it's broken, he's paid, his son is dead. He has feelings. He loved his boys and he loves them now." Mary Jo Laforest. Canadian Press, May 2000 The Criminal Code section at issue states, in part, 215. (1) Duty of a person to provide necessaries - Everyone is under a legal duty (a) as a parent, foster parent, guardian, or head of a family to provide necessaries of life to a child under the age of 16 years ... (2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof which lies on him, to perform that duty, if, (a) with respect to a duty imposed by paragraph (1)(a) or (b), (ii) the failure to perform the duty endangers the life of the duty to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently or . .. a) What are the actus reus and mens rea of this offence