The Crown filed a Notice of Appeal earlier this week arguing provincial court judge Terry Semenuk erred in law when he sentenced Bourdeaux to a total of 13 years in prison for manslaughter in the death of an infant son, attempting to murder her 5-year-old son, and failing to provide the necessities of life in not seeking medical treatment for her second son.
Taking into account the time she spent in pre-trial custody, she received an actual sentence of 9 years and 7 months.
Part of the Crown's argument, as set out in the Toronto Sun
reads, "The trial judge misapprehended the evidence of the offender's mental health and gave it too much weight in mitigation." The Crown also argues Semenuk "erred in his application of the principles of precedents concerning manslaughter and child abuse."
Prosecutors had sought a sentence of 18 years.
After having earlier pleaded guilty to the three charges, Bourdeaux, 35, was sentenced on June 22. She was sentenced to eight years for the attempted murder of her second son, four years consecutive for manslaughter in the death of her first son, Sean, and one year consecutive for failing to provide the necessities of life for her second son whose name cannot be released.
Bourdeaux was also prohibited from possessing any firearms or weapons for 10 years after her release, and was ordered to provide a DNA sample.
Bourdeaux was crying and all apologetic when asked if she had anything to say. The Calgary Herald
quotes her as telling the court, "I cannot imagine what (the second son) goes through on a day-to-day basis and the pain he goes through not being able to do anything for himself. He was a very outgoing little boy. He wanted to live life. I'm very sorry for trying to take his life. I don't know why I did it. I hope one day (he) will be able to forgive me.
Her son is not expected to live very much longer. He cannot stand, walk, speak, or eat without a tube.
reported, Sean was found dead in his crib in December 2004 and at that time his death was determined to have been from natural causes. But after Bourdeaux brought her second son to the Alberta Children's Hospital in May 2010, police began another investigation into Sean's death.
Bourdeaux waited three days before taking the five-year-old to the hospital where police determined he was suffering from trauma. During the investigation they discovered a diary entry where Bourdeaux admitted she strangled Sean six years earlier.
No date has been set for the hearing of the appeal.