ipl-logo

Should Lavallee Be Convicted Of Murder Or Was It Self-Defense?

681 Words3 Pages
bulb-icon

Recommended: Battered women syndrome research papers

Should Lavallee be Convicted of Murder or was it Self-Defense?
R v Lavallee, [1990] 1 SCR 852, 76 CR (3d) 329

Thesis
Lavallee should not be charged due to the fact that it was an act of self-defense and not murder.
Profile of the Law Charter of Rights and Freedoms s. 231 subsection (7) “All murder that is not first degree murder is second degree murder” (All About Law).
General Summary
Angelique Lyn Lavallee, 22 (defendant) and Kevin Rust (victim) had an abusive relationship. Rust would beat and scared Lavallee to the point where she had to go to the emergency numerous amounts of times for a broken nose or cuts and scares. Yet she continued going back to him. The couple was hosting a party on the night of August 30th, 1986. Late in the night Rust had followed Lavallee into the bedroom where he began shouting obscene comments at her. Rust began slapping and pushing her then proceeded with hitting her twice on the head. Lavalle claimed that he said to her “if you don’t kill me first, ill kill you” while handing her a gun. Rust turned and started walking away when Lavallee pulled the trigger hitting Rust in the back of the …show more content…

Lavallee claimed self-defense on a case of battered women syndrome. A psychiatrist – Dr. Shane - that Lavallee started seeing defended her in the case that she felt that is she didn’t do something she would be killed that night. Lavallee was acquitted and the Crown appealed the case. Manitoba Court of Appeal as crown said that he jury ignored critical evidence. It was also brought up that the testimony given by Dr. Shane was unlawful (his testimony would influence the jury’s decision). Manitoba Court of Appeal allowed the appeal; the case was then sent to the Supreme. At the Supreme Court of Canada evidence was shown that indicated that Lavallee had been suffering this abuse for years. Lavallee was acquitted due to the fact that she had acted out of

Show More
Related
1526 Words | 7 Pages

While Murphy’s sentence as magistrate was upheld by the Supreme Court of Alberta, she became inspired to campaign

Read More
1586 Words | 7 Pages

Introduction In the matter of R v Francis , the defendant (Glen Reginald Francis) was being tried for the attempted murder of Timothy Udris. On 8th June 2014, Glenn Francis (‘Francis’) attacked Timothy Udris (‘Udris’), who was hit at least two times with a claw hammer to the skull. The Crown submitted that Francis had attempted to murder Udris, under s306 Criminal Code Act 1899 (Qld).

Read More
1930 Words | 8 Pages

I. Issue Can Issa be convicted of an intentional homicide under MCP §100 where she inflicted a non-fatal wound on her boyfriend who was then killed in a fatal accident on the way to the hospital? II. Rule Murder is the unlawful killing of a human being with malice aforethought. Murder can be elevated to first-degree murder if the prosecution can prove premeditation and deliberation.

Read More
1022 Words | 5 Pages

The mens rea for this offense under subsection A.2 is that the defendant recklessly or negligently took the life of another. The causation for the crime is that the defendant acted because of a “sudden quarrel or heat of passion resulting from adequate provocation of the victim”. (ARS). These elements would allow the State to meet its burden of proof to convict a defendant of voluntary

Read More
1344 Words | 6 Pages

The case of R. v. Schoenborn is a troubling case involving the death of three children and the defence of not criminally responsible on account of mental disorder. This defence must be critically analyzed along with the evidence and expert opinions as it could absolve the accused of the charges. As well, the precedent that the verdict provides is critical to the legal system and its future implication and thus give the decision more importance. After a thorough examination of the facts, it is evident that the verdict of the Supreme Court of British Columbia is correct and reflects the administration’s objectives and beliefs. This will be demonstrated through the application of legal principles and elements.

Read More
593 Words | 3 Pages

In response to the injured party, a defendant can file affirmative defenses to mitigate, or to some extent, rationalize their actions. In the Taukitoku case specifically, Taukitoku used the affirmative defense of self-defense as a rationale for the shooting. Likewise, Taukitoku may have had impaired judgment after Jacob Snyder hit him with a shovel. Self-Defense In the chain of events, Taukitoku had pulled out his gun and pointed it at multiple individuals, including the owner of the home, Jacob Snyder.

Read More
1404 Words | 6 Pages

Such facts and events were produced from interviews outside of the trial, unsworn statements – hearsay. The case could not be decided solely on these facts that were not sworn or first-handedly heard. Lavallee was a very important source of Shane’s information and her failure to testify weakened the credibility of his testimony. The Abbey (R. v. Abbey, 1982) decision offers the appellant to solely allow the expert witness psychiatrist to give his testimony, with little to no weight being held on the facts, or for the appellant themselves to take the stand and confirm the liability of facts in the expert witness’ testimony to ensure greater weight is given to such facts (Ottawa L. Rev., 1985). With Lavallee as one of Shane’s main sources for information, he would have to completely reassess his position in the case that she had been untruthful.

Read More
1188 Words | 5 Pages

In the case of Judy Norman should have been acquitted based on self-defense rather than being convicted of voluntary manslaughter. According to defense psychologist, Judy had been tortured, degraded, and reduced to an animal level of existence. Since her husband had abused her for twenty years physically assaulting her, burning her with cigarettes, forcing her into prostitution, and forcing her to eat dog food off the floor. Judy’s first resort was not to kill her husband, first, she contacted police after a horrible beating, but was so deep in a cycle of fear she did not press charges on her husband. For police officers to be first responders to domestic violence calls they should be trained to know the signs of domestic abuse, and the cycle

Read More
156 Words | 1 Pages

The Most Dangerous Game Essay In the short story the most dangerous game Rainsford was justified in killing general Zaroff. Rainsford was a person who fell off the ship,and swim to land. He went to a nice building for food,and people that help. General Zaroff was the one who bought the island and know everything about it.

Read More
671 Words | 3 Pages

Later in January 2002, the Justice minster appointed a former Quebec judge, Fred Kaufman, to assess the case which he later reported that there was a miscarriage of justice in Steven's case but there wasn't enough new evidence to exonerate him. On October 28th 2004, the Federal Minister of Justice, Irwin Cotler, referred the case to the Ontario Court of Appeal for review saying there was reasonable basis to conclude a miscarriage of justice occurred in this case. Witnesses also kept altering their stories at trial from the original trial to the new trial giving the prosecution ammunition. Steven gave his case to the Ontario Court of Appeal on January 31st, 2007 which helped overturn his conviction 8 months later on August 28th, 2007, declaring the case a miscarriage of justice. However, the judges go on to say that "the court is not satisfied that the appellant has been able to demonstrate his factual innocence."

Read More
956 Words | 4 Pages

It took Judge Caverly two days to come to a verdict and decided on life in prison for murder plus 99 years for kidnapping as punishment for the defendants. He cited the possible benefits to criminology, he thought life in prison might be worse than death for the two, and mainly was moved “chiefly by the age of the defendants”.

Read More
837 Words | 4 Pages

From the very beginning, this case has not been carried out in an honest manner, and possesses many faults as can be seen in the evidence provided today. The witness testimony not only lacks medical evidence proving that the crime ever happened in the first place, but also lacks logical argument which will no doubt have made you all feel ambiguity about the case. First of all, it is physically impossible for Tom Robinson to have beaten and raped Ms. Mayella. This is due to the fact that from the sheriff’s and Mr. Ewell’s testament, we know that Miss Mayella was beaten mostly on the right side of her body. Since it is much easier for a left handed person to hit another person on their right, we can reach the conclusion that Miss Mayella was most likely beaten by someone left handed.

Read More
548 Words | 3 Pages

Ladies and gentlemen of the jury, you are here because one person in this courtroom decided to take law into her own hands. The defendant, Mrs. Dominique Stephens, murdered the man that she vowed to love. This sole act by the defendant is violation of all morals and her husband’s right to live. Afterwards, she even felt guilty about this violation of justice and called the cops on herself, and she later signed a written statement stating that she is guilty of the murder of Mr. Donovan Stephens. Then the defendant later recanted this statement and said that she only killed Mr. Stephens in self defense.

Read More
963 Words | 4 Pages

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. In addition, most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies. State laws categorizing murders into first, second and possibly third degrees generally require that the first-degree murders include three basic elements, such as: willfulness; deliberation; and premeditation. As to Mr. George Milton, in terms of willfulness, he had a specific intent to end a human life. Yet, whether he acted

Read More
851 Words | 4 Pages

The judge declares the “Murder in the first degree—premeditated homicide—is the most serious charge tried in our criminal courts. One man is dead. The life of another is at stake. If there is a reasonable doubt in your minds as to the guilt of the accused … then you must declare him not guilty. If, however, there is no reasonable doubt, then he must be found guilty.

Read More

More about Should Lavallee Be Convicted Of Murder Or Was It Self-Defense?

Related Topics

Open Document