Hike sentence

BC mother fails to appeal 15-year sentence for daughter’s murder – Trail Daily Times

The South Surrey mother convicted of second-degree murder in the suffocation death of her eight-year-old daughter in 2014 has had her appeal against sentence dismissed.

On Thursday morning (May 12), Lisa Batstone’s lawyer heard a judgment written by British Columbia Court of Appeal Judge Sunni Stromberg-Stein, who upheld the sentence – life without the possibility of parole conditional before 15 years – imposed in 2019 by the trial judge, Judge Catherine Murray.

“It’s a fit sentence,” concluded the judgment, read by fellow appeals court judge David Harris. “The appeal is dismissed.”

Batstone’s legal team, led by attorney Eric Gottardi, had argued for the sentence to be reduced to eligibility for parole after 10 years.

They claimed Murray failed to give sufficient consideration to the role that mental illness and intoxication played in Batstone’s actions, and that the conviction was also invalid due to errors of fact Murray made regarding the plastic bag used to suffocate Batstone’s daughter, Teagan, and the length. of the time it took.

The Stromberg-Stein judgment, however, upheld Murray’s sentencing decision.

He concluded that errors of fact and “misunderstandings” Murray had about how the crime might have been committed did not affect the verdict that Batstone’s murder of his daughter was deliberate, nor the subsequent conviction.

The judgment found that Murray had given due consideration to the mental health issues that Batstone was experiencing that had been raised by defense experts during the trial and had, appropriately, focused on “determining his mental state at the time of the act”.

It also supported Murray’s conclusion that Batstone’s actions before and after the crime were “determined and focused” – including leaving a letter and notes before the failed suicide attempts that blamed her ex-husband and others for what she had done.

Police discovered Batstone with her daughter’s body on December 10, 2014, in the back of a car stuck in a ditch on a cul-de-sac near Crescent Road.

Batstone, who had previously attempted suicide, claimed she had intended to end her life and killed her daughter to spare her the pain of psychological and emotional abuse at the hands of her ex-husband.

An attempt to overturn his conviction failed last fall, when appeals court judges found the trial judge had not erred in his conclusion that Batstone intended to kill his daughter.

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