You are supposed to think it was intended either intentionally "beyond reasonable doubt" OR that you it is "beyond reasonable doubt" that you should have been aware that your actions were likely to cause death and you were reckless and didn't give a toss, I think.Do they have to be sure of this, or is it sufficient to have planned to commit an assault that has the probability to kill?
I suppose im thinking of the sentences the killers of Star Hobson and Arthur Labinjo- Hughes got. I doubt they actively planned murder, but their deliberate and intentional actions caused death.
Personally, I think the foul POS had been prolonging the distress for poor little Preston - starting at comparatively short periods of abuse and torture and getting progressively long as he gained confidence and got away with it time and again. I think he believed that Preston would choke, and have a fit every time - perhaps even "get used to it"
This is my opinion, of course - I have no idea what goes through the mind of someone like this, who gets a kick from torturing and abusing a helpless infant. He wouldn't have given a damn if Preston had ended up severely brain-damaged for lack of oxygen (it might even have been a bonus for him - then Preston could never tell). IMO he was uncaring and reckless in the way he abused that poor baby, and intentionally allowed him to die by not taking him to hospital the moment he realised that he wasn't going to breathe properly again. Instead he filmed it and let that baby suffer for God alone knows how long? An hour? Something like that - and only took him to hospital when it was too late, and he'd had time to fabricate a cover story with the other POS, and they'd destroyed or hidden all the evidence they could find.
This is murder, and in the most dreadful and cruel way imaginable.