The woman convicted of manslaughter in the killing of teenager Ashlee Hyatt at a Peachland house party in 2010 has failed in her attempt to have her sentence reviewed.

Now 19-years-old, the girl who cannot be named since she was a youth at the time of her crime, argued she had made progress during her time at the Burnaby Youth Custody Services Centre, and would have a better opportunity for rehabilitation while in the community.

Photo: Contributed

Ashlee Hyatt

However, Justice Geoff Barrow disagreed based on numerous reports from her probation officer and youth court worker that included drug use and rule breaking.

"I just don’t get it. I don’t get it. I don’t get how she cannot just take accountability and say this is what I have done and now I need to work on it,” says Ashlee Hyatt’s mother Charrie Hyatt.

In his decision, Justice Barrow says, “there is no doubt that (the accused) has made some progress. There have, however, been periods where her behavior has been highly problematic.”

On at least one occasion, “two folded pieces of paper containing white powder and a plastic straw” were found in her room. In addition, there was an allegation that one of her visitors had brought contraband (specifically “drugs”) into the institution.

That person turned out to be her brother and has since been banned from the institution as a result. Although she denied this had ever happened, she later wrote a note that was intercepted saying her brother “would always bring me joints and smokes.”

“Once she’s admitted her issues then she can work on it from there; work on what she needs to work on, you know obviously there are psychological issues but also drugs and alcohol if she is bringing drugs into where she is staying," comments Hyatt.

The report also states that she was noted to be “boy crazy” and “very focused on seeing and writing to male residents." Justice Barrow found this to be more significant in her circumstances, because her manslaughter conviction arose out of allegations of misconduct in relation to members of the opposite sex.

Her probation officer, Catherine Wahlroth, reported that she has struggled in custody and exhibits an entitled and often rude demeanor, and is very focused on boys.

Justice Barrow also noted a letter written by the girl about her time in BYCS, which gave her: “…the opportunity to look at my behaviours and actions to help me move forward in a positive direction. With that being said I have really had the chance to reflect and take a look at my actions that ended me up [sic] in the situation I’m in…”

In his conclusion, Barrow states he is not satisfied that her progress has been sufficient to warrant the relief she is seeking, and the application has therefore been dismissed.

“There are just so many issues and I just don’t understand how they could let her out without dealing with these obviously very significant issues first,” states Hyatt.

This is the second time she has been denied by a court decision following her conviction. She attempted to appeal the original court ruling on the grounds that the judge didn’t consider expert evidence that indicated incarceration was not necessary and might even be harmful to her.