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Nova Scotia

Careful what you wish for: Judge tells Victoria Henneberry appeal may backfire

Victoria Henneberry appeared surprised to learn Wednesday she could be tried for first-degree murder if she is successful in appealing her second-degree murder conviction.

Henneberry, who pleaded guilty to the second-degree murder of Loretta Saunders, could face stiffer charge

Victoria Henneberry is shown Wednesday in the Nova Scotia Court of Appeal. (CBC)

A Nova Scotiawoman acting as her own lawyer in a bid to overturn her conviction for murdering a young Inuit university student had a rough ride at the province's appeal court Wednesday.

Victoria Henneberry is asking for a new trial on grounds that she panicked when she pleaded guilty to the second-degree murder of Loretta Saunders of Labrador, her pregnant roommate in Halifax whose body was found on the side of a New Brunswick highway in February 2014.

But Henneberry started Wednesday by asking the Appeal Court of Nova Scotia for a delay, saying she was "not prepared mentally or emotionally." She said her mental health assessments had not been fully compiled, and she hadn't found a psychiatrist she's comfortable with.

Henneberrydidn't bring any documents with her and only one pieceof evidence, a written note by a psychiatrist she once saw recordingHenneberry'spastand present mental state.

But the Appeal Court insisted she go ahead.

Judge outlines risks of new trial

Henneberrycalled three witnesses a psychiatrist, a policeofficer and the Crown lawyer who led the case against herand quizzed them about the effectsof post-traumatic stress disorder, which she claims she sufferedfrom when she pleaded guilty.

She told the court she wasn't looking for a new trial only a"change of charges," but Justice DuncanBeveridgetold her that ifshe won her appeal, the court would likely have to order a newtrial.

Miriam Saunders was in Halifax to attend the appeal hearing of Victoria Henneberry, who pleaded guilty in 2015 to second-degree murder of Saunders's daughter, Loretta.

"You were facing a charge of first-degree murderand instead ofstanding trial on that charge, you pled guilty to second-degreemurder [in 2015]," saidBeveridge.

"If we were to strike your plea ... our only realistic optionwould be to send you back to trial for first-degree murder."

Co-accused could testify if new trial was ordered

This came as an apparent surprise toHenneberry, who asked thatthe courtroom be cleared, and then simply sat down when the judgessaid that wasn't possible.

Furthermore,BeveridgetoldHenneberrythat BlakeLeggette, whopleaded guilty to first-degree murder, could be called to take thestand against her if she had a retrial.

The case was adjourned to Thursday, whenHenneberrywill continueher arguments.

HenneberryandLeggette, her boyfriend, pleaded guilty as theirmurder trial was starting on April 22, 2015.

Henneberrywas sentenced to life in prison with no eligibilityfor parole for 10 years, whileLeggettewas given a mandatory lifesentence with no parole eligibility for 25 years.

'They take my good memories'

Saunders's family came to court from Labrador for Wednesday'shearing.

"The reason we came was to make sure that everyone didn't puttheir eyes on her and pity her," Miriam Saunders,Loretta'smother,told reporters at the end of the day.

She said it was difficult to sit through the hearing because oldwounds were being opened up.

"I was able to do some good memories of her before but it seemslike they take my good memories and give me ugly, hard, painfulones," said Saunders.

The CBC's Blair Rhodes livebloggedfrom the courtroom.