R. v. Batisse

R. v. Batisse is an important criminal law case that addresses the issue of how courts should take the mental health and personal background of an individual into account at sentencing.

On November 23rd 2007, Ms. Batisse, an Aboriginal woman, plead guilty to abducting a newborn infant from a hospital. Ms. Batisse had a tragic background filled with abuse, both as a child and at the hands of prior partners, and suffered from depression and a personality disorder. A few months before the abduction, Ms. Batisse had given birth to a stillborn child after being viciously beaten by three individuals. Despite Ms. Batisse’s circumstances, the trial judge sentenced her to five years’ imprisonment.

On appeal to the Ontario Court of Appeal, Ms. Batisse argued that the trial judge erred in imposing the sentence. A majority of the Court agreed and held that in cases where the offender’s mental health problems play a central role in the commission of the offence, the primary sentencing concern should be that of treatment and not deterrence or punishment. The majority also concluded that the trial judge failed to properly consider Ms. Batisse’s aboriginal background. Ms. Batisse’s sentence was reduced by half.

The appellant Ms. Batisse was represented by Frank Addario and Berk Keaney.

Click here to read this criminal law case.