B.C. Court of Appeal quashes conviction of babysitter in toddler’s drowning
An appeal court has quashed the conviction of a British Columbia woman in the drowning death of a toddler she was babysitting, saying the original outcome was “the product of a miscarriage of justice.”
The toddler was found unconscious and not breathing in a bathtub on May 26, 2011, and was flown to a Calgary hospital, where she later died. The ruling notes that it did not find bad faith or malice on behalf of the Crown, but the non-disclosure meant Bouvette was “deprived the opportunity to make an informed decision about how to plead.”
“She has already been punished for the offence of criminal negligence causing death. It would amount to punishing the appellant again for succeeding in having her guilty plea and conviction quashed,” the decision states.
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