The sentencing hearing for a Dawson City woman who pleaded guilty to manslaughter for the death of her infant child finished in Yukon Supreme Court Wednesday afternoon.

Lawyers made their final submissions to Justice Ron Veale about where Justina Ellis, 23, should serve her sentence and how long that sentence should be.

Ellis was originally charged with second-degree murder in August 2004.

According to facts read out in court, the infant, Samara, started crying at about 10 p.m. on Aug. 25, 2004.

Ellis slapped and shook the infant, then covered her mouth and nose with a blanket, suffocating her, Crown prosecutor Peter Chisholm told the court earlier this week.

The baby died as a result of a complex skull fracture which led to bleeding in and on the brain, he said.

Ellis then put Samara's body in a garbage bag and left it in a trash can outside of Klondike Kate's Restaurant and Cabins.

She phoned the RCMP at around 1:55 a.m. to report Samara was missing. A few hours later, however, she led police to the body.

'The reason that we are here today is that Samara Olson is dead,' Chisholm told the court. 'This is a brutal beating of a defenseless child.'

While Ellis was diagnosed with psychological problems stemming from Fetal Alcohol Spectrum Disorder and borderline personality disorder, she knew what she did, Chisholm said.

'Her actions clearly show that she knew what she'd done to the child and was aware of the consequences of that action.'

The Crown is recommending Ellis to be sentenced to five years in a federal penitentiary called the Fraser Valley Institute, in Abbotsford, B.C.

There is a specialized program at the prison called structured living. Two expert witnesses said it would likely provide the kind of treatment, counselling and living environment Ellis needs to aid her rehabilitation.

The Crown is recommending the five-year sentence after having given Ellis credit for the time she has already spent in jail. Since she has been in custody since her arrest in August 2004, Ellis will be given double credit for time served before trial.

Aggravating factors in the case include that the abuse was directed against Ellis' own child, and the woman's prior criminal history, Chisholm said.

Her record contains offences such as an assault against her first-born child, a 'vicious assault' against another woman, and an assault with a knife against common-law spouse Tim Olson, Chisholm said.

Mitigating factors included that Ellis pleaded guilty and seemed remorseful; that she took responsibility for the killing; that she suffers from FASD and a personality disorder and that she has a 'tragic background,' he told the court

Ellis' past was a key point in defence lawyer Diane Oleskiw's submission.

'There is no question that this was a serious and terrible assault and killing of a helpless child,' she told the court.

However, sentencing is based on law, not emotion, she said.

It is indisputable that Ellis has had a terrible life, she said. From the time of early childhood, she suffered neglect, sexual and physical abuse, was witness to domestic violence and was bounced around among the homes of a variety of different family members.

She started drinking at age 12 and has a history of both violence and victimization, Oleskiw said.

Her subsequent relationships with men have been volatile and marked with violence, including verbal and physical abuse, she told the court.

As a result of Ellis' personal history, her diagnosis with FASD and borderline personality disorder and her position as a new mother without enough support, Ellis' situation became disastrous, according to Oleskiw.

'It's a time bomb. It's a time bomb waiting to happen.'

She argued that because Ellis did not have the necessary support to raise a child, as a mother with FASD, her 'moral culpability is lessened.'

According to the defence, an appropriate sentence would focus on rehabilitation and community involvement, accounting for Ellis' individual background, her disabilities and her identity as a first nations woman.

The defence recommend two years in the Fraser Valley Institute followed by three years' probation.

The community would be asked to take responsibility for housing and supervision during Ellis' probation.

Oleskiw added that the only reason she was recommending Ellis be sent to Fraser Valley is because there are no existing programs outside of the prison system that would meet her needs.

The date of sentencing has been set for Nov. 25.