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MURDER TRIAL: Jury must determine degree of planning in killing of toddler

Court hears closing submissions from Crown and defence lawyers Tuesday
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Defence lawyer Jeremy Mills and client Kaela Mehl confer outside the Victoria law courts. Closing arguments happened Tuesday in MehlB次元官网网址檚 first-degree murder trial in the death of her daughter, Charlotte Cunningham. (Lauren Boothby/VICTORIA NEWS)

After three weeks in court, the jury in Kaela MehlB次元官网网址檚 murder trial will begin deliberating to determine her fate.

The four-man, eight-woman Victoria jury heard closing submissions from the defence and Crown lawyers Tuesday morning, followed by instructions from Justice Joyce DeWitt-Van Oosten. They will decide whether Mehl, 34, is guilty of first degree murder in the Sept. 16, 2015 death of her 18-month-old daughter, Charlotte Cunningham.

DeWitt-Van Oosten told the jury they must consider four things: if Mehl caused unlawful harm to Charlotte; 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.

The jury may convict her of first degree murder, second degree murder or manslaughter, depending on how they answer those questions.

In his closing statements, defence lawyer Jeremy Mills reminded the jury Mehl does not dispute the fact she caused the death of her daughter by feeding her the sleeping pill zopiclone mixed in yogurt, then smothered her. He asked jurors to recall the testimonies of forensic psychiatrist Dr. Shabehram Lohrasbe and MehlB次元官网网址檚 regular psychiatrist, Dr. David Yaxley.

B次元官网网址淏oth doctors shared this view, that at the time of this act, Miss MehlB次元官网网址檚 intent-forming processes were significantly compromised,B次元官网网址 Mills said, noting Yaxley testified that B次元官网网址渢he bottom fell outB次元官网网址 of MehlB次元官网网址檚 mental state the night Charlotte died.

Prosecutor Kimberly Henders Miller argued that Mehl decided to kill herself because she was tired of fighting a losing custody battle, and killed Charlotte to prevent her ex-husband Daniel Cunningham and his family from getting custody of the child.

Henders Miller played audio recordings heard previously in the trial for the jury, taken by Mehl of her interactions with Cunningham and his family.

B次元官网网址淸Charlotte] needs to go home and she needs to be with me,B次元官网网址 Mehl said in the recording.

The prosecutor said Mehl referred to herself as CharlotteB次元官网网址檚 primary caregiver, and that Mehl grew concerned she was losing control over the childB次元官网网址檚 life. B次元官网网址淚 would suggest that her concerns were keeping her home and her child under her control.

B次元官网网址淗er words were [to Cunningham]: B次元官网网址榮heB次元官网网址檚 my life. why would you take her away from me?B次元官网网址橞次元官网网址

Mehl planned to kill Charlotte late on Sept. 15, Henders Miller argued B次元官网网址 the child was determined to have died in the early hours of Sept. 16. Despite the short time frame, a plan was created nonetheless, she said.

The jury is expected to return a verdict this week.

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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