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MURDER TRIAL: First degree murder conviction requires killing be planned and deliberate

Jury returns to court Wednesday morning with a question
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The jury continues deliberations this week. (File photo)

The Victoria jury in Kaela MehlB次元官网网址檚 murder trial came to court with a question this morning.

The question comes on the heels of Justice Joyce DeWitt-Van OostenB次元官网网址檚 instructions to the jury Tuesday that they apply a four-point test in determining whether Mehl, 34, is guilty of first degree murder, second degree murder or manslaughter in the Sept. 16, 2015 killing of her 18-month-old daughter, Charlotte Cunningham.

B次元官网网址淐an we receive further explanation of the definition of B次元官网网址榙eliberate?B次元官网网址 Dewitt-Van Oosten said, reading from the juryB次元官网网址檚 question.

To find Mehl guilty, they must determine: if she caused CharlotteB次元官网网址檚 death; if she intended to cause CharlotteB次元官网网址檚 death, or intended to cause bodily harm she knew could have led to her death, and if the killing was both planned and deliberate.

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B次元官网网址淧lanned and deliberate are not the same thing,B次元官网网址 Dewitt-Van Oosten said.

B次元官网网址淧lanned is the result of a calculated scheme of design that has been carefully thought out, and the nature and consequences B次元官网网址 have been considered and weighed. Something that is impulsive, even with intent, is not planned.

B次元官网网址淒eliberate [means] considered, not impulsive, slow in deciding B次元官网网址 other ways to explain it are: carefully thought out, not hasty or rash, cautious,B次元官网网址 she said.

Dewitt-Van Oosten noted that an action leading up to the killing can be deliberate B次元官网网址 as the act of intentionally mixing the sleeping pill zopiclone into yogurt is deliberate B次元官网网址 but this is not the same as the act of deliberate murder.

In her closing arguments yesterday, Crown lawyer Kimberly Henders Miller argued that Mehl planned to kill Charlotte late on Sept. 15, 2015. Despite the short time frame, a plan was created nonetheless, she said.

Henders Miller argued that Mehl was self-aware, goal oriented and purposeful. She pointed to the timing between when she started drafting what would become her suicide note, the wording of the suicide note, and the 12 minutes she spent searching zopiclone overdoses online. Mehl was making choices that night, even if they were not good ones, she said.

The jury continues deliberations today.

lauren.boothby@vicnews.com

Read Victoria B次元官网网址B次元官网网址 coverage of the Kaela Mehl murder trial

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Kaela Mehl is on trial for the first degree murder of her 18-month-old daughter Charlotte who died in September 2015. Mehl has plead not guilty to the charges. (Lauren Boothby/VICTORIA NEWS)



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