BRITISH COLUMBIA

David Sunshine, Convicted Murderer, Loses Appeal In Toddler's Death

03/12/2013 05:12 EDT | Updated 05/12/2013 05:12 EDT
VANCOUVER - A B.C. man convicted of killing his common-law partner's two-year-old daughter has lost his appeal in the province's highest court.

Isabella Rain-Ayala died Dec. 18, 2005, and an autopsy confirmed the death was caused by a blunt-force abdominal injury.

David Sunshine admitted during a police sting he punched the girl numerous times leading up to her death and admitted to burning the girl with a lighter.

But at trial, he argued the death was unintentional and was caused by an accident that occurred during a game involving mattresses.

He was convicted of second-degree murder and sentenced to life imprisonment with no chance of parole for 15 years.

B.C. Appeal Court Justice Elizabeth Bennett says instructions to the jury on circumstantial evidence were adequate, the judge's review of the evidence was fair and balanced.

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