A Coquitlam caregiver whose neglect led to a woman with Down syndrome starving to death won't be going to jail, a B.C. Supreme Court judge has decided.
In a Sept. 29 ruling, Astrid Charlotte Dahl, 54, was handed a 12-month conditional sentence to be served in the community in connection with the October 2018 death of Florence Girard.
Girard, 55 at the time of her death, had been in Dahl's care for eight years
In the months leading up to her death, Girard was unable to ingest food and weighed just 55 lbs at the time of her death.
Dahl was subsequently convicted of failing to provide the necessaries of life.
Lost over half her body weight
In sentencing, Justice David Crossin described how Girard died of starvation.
"It was not possible on the evidence to track the deterioration of Ms. Girard with precision; but it is clear she significantly deteriorated over some months leading to her death," stated Justice Crossin.
"By the last week or two of her life, Ms. Girard was unable to ingest any semblance of required sustenance of either food or liquid. By October 2018 Ms. Girard had lost over half her body weight; weighing 55 pounds upon her death."
However, Crossin said there was no evidence that Dahl had any "ill will or animosity" towards Girard but was "endeavouring to exercise her best judgment, however terribly misguided."
"The circumstances in this case reveal conduct that was driven by a certain view of compassion held by Ms. Dahl towards Ms. Girard. While it was compassion that was fatally, irrationally, skewed away from her responsibilities and common sense, it was nevertheless a truly held belief by Ms. Dahl she was doing the right thing," Crossin stated.
Additionally, he told the court there was no evidence of abuse and he was "satisfied" that Dahl "is haunted by genuine remorse, regret, and sadness, and will likely be so for the rest of her life."
Sister describes shock and nausea
Sharon Bursey, Girard's sister, provided a victim impact statement that described her devastation over her sister's death.
"When I finally got to see my sister, I was shocked and nauseated," Bursey said.
"She looked like a tiny child in an oversized casket. I kissed her on the forehead and whispered in her ear that I love her and I am so sorry she died this way. I told her good bye for now and left feeling sick to my stomach."
Bursey added that her sister's death has haunted her for the last four years, leaving her with anger, depression and anxiety.
"My hope is that justice will be served."
In determining the sentence, the judge said "denunciation and deterrence" were primary goals. He said the offence didn't warrant a suspended sentence as sought by Dahl, while the circumstances didn't warrant 18 to 36 months jail time, as sought by the Crown.
Justice Crossin said a conditional sentence is a suitable alternative when a sentence is less than two years and the offender is unlikely to re-offend.
Noting that Dahl has a lengthy road of rehabilitation and is under psychiatric care, he said the case is "isolated" and a conditional sentence of 12 months plus 12 months of probation is "fit and proper."
"In my view, deterrence and denunciation are achieved, and the principle of proportionality met, by a non-custodial sentence," Justice Crossin said.
Charges against Dahl were first laid in 2020, after Coquitlam RCMP were called to a sudden death and found a body that showed clear signs of malnourishment.
100 hours of community service
“This is a case that has impacted every investigator it's touched. It's going to impact people in the community. They need to know that we take these things very seriously,” Cpl. Michael McLaughlin told a media press conference at the time.
A prominent social service agency was also charged. Subsequently, charges were dropped against Kinsight Community Society, a charitable organization that provides support for people with developmental delays and disabilities.
Dahl's sentence includes an evening curfew, requirements that she be in regular communication with a probation officer and serve 100 hours of community service.
