Tears streamed down Amanda Dumont's face, while her former boyfriend Scott Bakker sat motionless, as both were handed nine year prison sentences in the scalding death of Dumont's 20-month-old son Ryker Daponte-Michaud.
In delivering the sentence at the London courthouse on Thursday, Justice Renee Pomerance noted the pair "did not just neglect Ryker, they made a conscious decision to ignore his injuries."
Ryker died of dehydration and shock inside a Strathroy townhouse in May 2014, three days after suffering second and third degree burns from a cup of scalding hot coffee that was spilled on him. An autopsy found the toddler's burns covered 25% of his body, on his upper legs, genitals, back, and buttocks. Had he been taken to hospital, his chance of survival would have exceeded 95%.
Dumont and Bakker were convicted in September of criminal negligence causing death and failing to provide the necessaries of life in Ryker's death.
“The death of a child is a tragic event. But that tragedy is compounded when something could have been done to prevent it," Pomerance said.
She went on to add that Ryker's suffering didn’t require "advanced medical knowledge or parenting skills", but “called for the exercise of basic humanity."
The court previously heard that, in the days following Ryker's scalding, Dumont and Bakker fenced stolen property, dealt and consumed drugs, and went shopping. The pair went to great lengths to hide Ryker's injuries from family and even went as far as to lie to Dumont's grandmother about taking the toddler to a clinic for treatment.
"The offenders not only failed to take Ryker for treatment themselves, they spun a web of deceit to ensure no one else would intervene to save Ryker's life," said Pomerance.
She stated that the bond between mother and child is "primal" and that after Dumont failed her son, Bakker was "Ryker's only other hope."
Defence lawyers Gord Cudmore and Perrie Douglas.
Based on their actions, Pomerance said she was left with no choice but to assume Dumont and Bakker were “more concerned with protecting their own self interest than saving Ryker’s life.”
Victim impact statements from Ryker's three older sisters, read in court Wednesday, were also taken into account during sentencing. Pomerance said that she hoped in time the three girls would realize they are blameless and were just as reliant on Dumont as Ryker was.
"They are haunted by seeing his lifeless body on the floor... these children are left to carry a heavy emotional burden,” Pomerance said.
Ryker's sisters, aged 8, 9, and 13, have been diagnosed with post-traumatic stress disorder and are attending therapy. They are currently in the care of a foster mother, but will soon be separated to go live with each of their biological fathers.
At the time of Ryker's death, Dumont had no criminal record. She has since been convicted of fraud and drug possession. Bakker has 49 criminal convictions for violence, drugs, and property crimes. His lengthy criminal record was a contributing factor in his sentence.
The Crown had been seeking a sentence of 12 years for each.
Dumont's defence lawyer Ken Marley had asked for four years to be served at the Vanier Centre for Women in Milton. He said that would provide her with the best chance for rehabilitation.
Bakker's lawyers Gord Cudmore and Perrie Douglas argued for a sentence ranging from four-and-a-half to seven years to be served at the Ontario Correctional Institute. They asked that his rough childhood, possible brain damage suffered at birth, mental illness, and lack of education be taken into account.
"If one of her honour's purposes was imposing a sentence that would not be crushing on the offenders, I think she failed. I don't know how you couldn't be crushed by a sentence of that duration," Marley told reporters outside the courthouse after the nine year sentence was delivered.
He said Dumont was upset about the sentence length and continues to assign blame to Bakker for what happened. In the coming weeks, Marley and Dumont plan to discuss whether or not to appeal either the conviction or the sentence.
Assistant Crown attorneys Natalie Kuehn and Elizabeth Mcguire.
Bakker however accepts the sentence, according to Cudmore.
"In hindsight he realizes that he didn't do the right thing and he is very regretful of that," said Cudmore, who doesn't foresee an appeal. "Nothing to appeal. You've got a judgement that was well reasoned by one of the best judges in the province... same thing with the sentence, it was well reasoned and within the range."
With credit for time already served, Dumont has just over six and half years left to serve in prison, while Bakker has another five years and three months. Both must submit DNA samples to the national database.
Dumont is also not allowed to communicate with Bakker, while Bakker is banned from speaking with Dumont and her three daughters.
"It's been a very long and difficult process to get through this case," said Assistant Crown Elizabeth Mcguire. "The decision in our mind was a just decision. Now everybody involved can just get on with their lives."