2 years in jail for woman who tried to kill her son

A woman who tried to kill her young son, fearing she'd lose him in a custody battle, has been sentenced to two years less a day in provincial jail.

The woman spoon fed a mixture of crushed anti-anxiety medication pills and honey to the boy, before attempting to kill herself by swallowing a bottle of Tylenol 3s.

She called 911 and asked for help when she saw the boy starting to grow drowsy.

"At a pivotal moment, she called for help," said Justice James Gormley, as he handed down the sentence Thursday in P.E.I. Supreme Court in Charlottetown. "That decision is what made the difference in this case for what could have been an abject tragedy."

The woman provided clear detailsof what she'd done to the 911 dispatcher and to emergency responders when they arrived at her home, following the incident last August. That demonstrated instinctive remorse, according to the judge.

"She made a decision to put her son's life in danger," said Gormley, "but she regretted her action almost immediately and reached out."

Boy now lives with father

The woman cannot be identified by court order, to protect the identity of her son. She hasbeen in custody since her arrest by RCMP on the day of the incident.

The boy has suffered no long-lasting health effects and now lives with his father, court heard.

The two-year jail sentence, to be followed by three years on probation,had been jointly recommended by the defence and prosecutor. The woman didnot receive credit for the 10 months she had already spent in custody.

This was an impulsive response by a person with mental health problems Justice James Gormley

Attempted murder carries a maximum penalty of life in prison.There is no minimum sentence.The judge called the sentence in this case justified under the circumstances.

"This must not be compared to any other tragic event that has occurred in this jurisdiction," said Gormley. "This was an impulsive response by a personwith mental health problems."

Court heard the woman had been receiving mental health treatment at the time of the incident, and continues to do so. Shepleaded guilty to attempted murder earlier in the court process, after she was found fit to stand trial, following apsychiatric evaluation.

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