Crown and defence agree Batstone smothered daughter

Crown and defence don't disagree that Lisa Batstonesmothered her eight-year-old daughter,Teagan,in her South Surrey home in December 2014.

But the Crown contends she committed 2nd degree murder, while the defence argues she was under severe emotional, financial and physical stress and had all the indications of suffering from borderline personality disorder which, it says, would be more consistent with a finding of manslaughter.

Lawyer Rebecca McConchie wrapped up closing arguments in Batstone's defence in B.C. Supreme Court in New Westminster Tuesday.

Batstonethought she was trying to protect her daughter Teagan by killing her, according to McConchie.

Suffering from severe depression and anxiety and after consuming alcohol, the defence says Batstone suffered a psychotic episode and went to the kitchen, got a bag from under the sink and suffocated her daughter.

"The accused had a mental disorder ... dots don't get connected," said McConchie.

She thought she was "ending the child's pain and sendingher to Jesus."She also intended to suffocate herself.

The judge, Catherine Murray, asked if that meant she believed she would save Teagan by killing her.

McConchieresponded that Batstone was "not rational."

The eight-year-old girl was found dead in the back of her mother'shatchback, after the car ended up in a ditch.Previously, in court, experts testified Teagan died of asphyxiation.

Defence is askingthe 2nd degree murder charge be downgraded to manslaughter.

But Crown counsel Chris McPherson saiditscase relies on post-offence conduct by Batstoneto imply intent,primarily statements she made to police.

All the Crown has to prove, he said, was that by taking the action she took, she meant to kill her. That she had the intention to cause death.

To go to a different room, get a specific thing, the plastic bag, to take the plastic bag to the living room where the child slept on a mattress as part of a camp-out;"to "take the bag, place it over her mouth and nose ... and hold it there;to use that particular method, so her daughter would not suffer ... she meant to cause death," he said.

He agreed that Batstone had stresses in her life including ongoing issues with her ex-husband,Gabe Batstone, financial, work and even church-related stressors that may have affected her more than most.

Quoting comments Batstone made after she contacted police, he said: "This isn't a person coming up with a story. This is a person describing what happened."

Crown expects to conclude its case Wednesday.