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  1. #1
    outdoors's Avatar
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    a little Canadian history

    Supreme Court accepts battered wife syndrome defence


    On This Day - May 3, 1990 - CBC Archives


    The Supreme Court of Canada delivers a landmark decision when it accepts battered wife syndrome as a defence against murder. The judgment, a legal precedent in Canada, affirms the acquittal of Angelique Lynn Lavallee for killing her husband. Speaking for the Court, Justice Bertha Wilson states that after years of abuse at the hands of her spouse, Lavallee had acted in self-defence. The ruling illuminates the issue of battered women in Canada and will have an impact on the legal landscape for years to come.

  2. #2
    Nynrah Ghost's Avatar
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    Re: a little Canadian history

    This ruling clearly marks the time that every women can claim battered wife syndrome to excuse murder with impunity.
    Off course, husbands could never make such claim in defence because apparantly men can't be victimized. Heinous double standards... I'd say hang those judges, they richly deserve it.

  3. #3
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    Re: a little Canadian history

    What I don't understand, in regards BWS in general not just Canada, is how come women have several avenues of escape with support from government and various private/charitable organisations - yet can resort to cold-blooded, premeditated murder.

    Yet men, who have no escape, and in fact is punished if he tries to escape an abusive woman, still cannot get a similar 'get out of jail' card.
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  4. #4
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    Re: a little Canadian history

    I took Law 12 in high school, and I remember discussing this. We also had to individually come up with pros and cons for using it as a defence, and one of the cons I listed was that there are people who will use it as an excuse for murder.

    In fact, I should still have that assignment stored somewhere...
    RIP "Lyle Stevik"
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  5. #5
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    Re: a little Canadian history

    Quote Quote from Marx View Post
    What I don't understand, in regards BWS in general not just Canada, is how come women have several avenues of escape with support from government and various private/charitable organisations - yet can resort to cold-blooded, premeditated murder.

    Yet men, who have no escape, and in fact is punished if he tries to escape an abusive woman, still cannot get a similar 'get out of jail' card.
    with all the support and protection that women have-there is NO excuse

    does this mean that because i was a victim of abuse that i could shoot a woman in the back of the head? ya....right

    your right-double standards to the extreme

  6. #6
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    Re: a little Canadian history

    Quote Quote from PokemonMasterTrainer View Post
    I took Law 12 in high school, and I remember discussing this. We also had to individually come up with pros and cons for using it as a defence, and one of the cons I listed was that there are people who will use it as an excuse for murder.

    In fact, I should still have that assignment stored somewhere...

    i would like to see that

  7. #7
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    Re: a little Canadian history

    Quote Quote from outdoors View Post
    i would like to see that
    If I can find where I put it...
    RIP "Lyle Stevik"
    19?? - 2001
    Never identified, but not forgotten.

  8. #8
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    Re: a little Canadian history

    the spirit of this ruling operates in Australian courts too!

    a wimyn here was convicted of killing her husband a little while ago right here in Sydney under these circumstances:

    she claimed her husband (partner whatever) threatened her with a rifle;

    she said she wrestled it off of him and shot him dead with five or six shots

    then fled the house coming back several day later;


    she then truncated the body with the help of her son !!

    she then deposited the body parts in black plastic bags and scattered these in rubbish bins all over Sydney

    outcome - three years gaol but only two and one half to be served before parole

    question - was she sentenced for murder or for littering

  9. #9
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    Re: a little Canadian history

    question - was she sentenced for murder or for littering
    Hmmmm. I think littering gets a stiffer sentence.
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  10. #10
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    Re: a little Canadian history

    Quote Quote from Marx View Post
    What I don't understand, in regards BWS in general not just Canada, is how come women have several avenues of escape with support from government and various private/charitable organisations - yet can resort to cold-blooded, premeditated murder.

    Yet men, who have no escape, and in fact is punished if he tries to escape an abusive woman, still cannot get a similar 'get out of jail' card.
    In fact when HarMAN was on about this almost 2 years ago Erin Pizzey pointed out not only was murder murder but she had installed womens refuges up and down the land in the late 1960's so no woman was far from safetyand help.
    As far as this ruling is concerned it is just another tool to hit a man over the head with when he arrives in court and nobody will believe a bloke if the tables were turned !
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  11. #11
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    Re: a little Canadian history

    Fucking disgusting.
    Some day some how women will be called into acount and when they are they will find the scales not to be in their favour.
    I bet if a man claimed he killed his wife because of years of abuse not only would be shit canned to the deepest, darkest hole that the worst prison has to offer, but he would get an extra 20+ years tacted on to his steance for daring to use the same lame ass excuse that women use to bump off their husbands as well as to be made a laughing stock of
    When the femanazis tell me it's their way or the highway I tell them to fuck off and die, because at lest the highway leads to new and intresting places, their ways is a dead end.

  12. #12
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    Re: a little Canadian history

    Quote Quote from Kargan3033 View Post
    Fucking disgusting.
    Some day some how women will be called into acount and when they are they will find the scales not to be in their favour.
    I bet if a man claimed he killed his wife because of years of abuse not only would be shit canned to the deepest, darkest hole that the worst prison has to offer, but he would get an extra 20+ years tacted on to his steance for daring to use the same lame ass excuse that women use to bump off their husbands as well as to be made a laughing stock of
    yep i wonder if this kid can use the same defence?

    Teen charged with murder in mother's death

    Police found woman at car accident scene in Caledon, Ont., but say it's a homicide

    Last Updated: Monday, May 3, 2010 | 9:08 PM ET Comments58Recommend157

    CBC News


    Luke Armstrong is charged with second-degree murder in the death of his mother, Krystina Armstrong, 54. (CBC) An 18-year-old has been charged with murdering his mother, whom police in Caledon, Ont., found dead in a car while responding to a minor accident call on Friday.
    Luke Armstrong has been charged with second-degree murder in the death of Krystina Armstrong, 54.
    On Friday at around 9:40 p.m., police were called to a car accident on Simpson Road in an industrial area of Caledon, about 50 kilometres northwest of Toronto.
    When they arrived, they found Krystina Armstrong's body on the passenger side of the car and ascertained that Luke Armstrong was the driver of the vehicle.
    "When our responding officers attended the scene, it became apparent quite quickly that we were dealing with a much more serious situation," Ontario Provincial Police Const. Jonathan Beckett told CBC's Steven D'Souza on Monday.
    Police found the body of Krystina Armstrong after responding to a report of a minor car accident on this stretch of road in an industrial area of Caledon, Ont. (CBC)Police would not go into detail about the case but told CBC News the crash was not the cause of her death.
    Luke Armstrong was arrested at the scene and later charged. He is set to appear in court in nearby Orangeville on Thursday for a bail hearing.
    CBC News has learned that Krystina Armstrong and her husband were going through a divorce.
    Anyone with information about the case is asked to call the Ontario Provincial Police.



    Read more: CBC News - Toronto - Teen charged with murder in mother's death

  13. #13
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    Re: a little Canadian history

    of course you have these type of responses against any type of excuse;

    To ALL of you whom have said anything remotely resembling the remarks of "Well, he was abused" or ANYTHING excusing his behaviour, I want to make something extremely clear: All of us - WITHOUT exception - who grew up in abuse, regardless of mental, physical or emotional - have the ability to make a simple choice: Be a product of our upbringing or survive and rise above it.
    I don't care what it takes, be it therapy, outside support or just inner strength: We make choices each and every day. I survived. I never, in a million years, would have ever gone through with killing anyone, no matter my hatred. I made that choice.
    This young man made the choice that too many make: that people will forgive because, poor thing, he was abused. Well, that's a load of garbage. In this day & age, there are way too many resources to let something like hatred get to this point.

    Shame on you all for justifying such a horrific choice. No one seems to appreciate life anymore.
    Read more: CBC News - Toronto - Teen charged with murder in mother's death

    then this one;

    I grew up in an extremely abusive home. I have gunshot wounds, stab wounds, burn marks, physical and mental scars, etc...all from my biological mother whom abused me to no end for years. All that said, not once have I ever considered taking the life of another human being...including my mother.

    Just because you were abused as a child does not mean you grow up to become a murder. Unless there is an underlying psychological or physiological condition we are not made privy to, this young man made a choice...a negative one.
    Read more: CBC News - Toronto - Teen charged with murder in mother's death


    so i guess these responses kind of mute the reasoning behind abused women who kill their husbands

  14. #14
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    Re: a little Canadian history

    i am sure this will be moderated

    Mcnotmac & Nideveta take a look at this day in history for may 3rd
    i guess with your reasoning-women who kill their husbands and the claim abuse-is no excuse?

    thank-you
    Read more: CBC News - Toronto - Teen charged with murder in mother's death

  15. #15
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    Re: a little Canadian history

    Quote Quote from outdoors View Post
    yep i wonder if this kid can use the same defence?

    Teen charged with murder in mother's death

    Police found woman at car accident scene in Caledon, Ont., but say it's a homicide

    Last Updated: Monday, May 3, 2010 | 9:08 PM ET Comments58Recommend157

    CBC News


    Luke Armstrong is charged with second-degree murder in the death of his mother, Krystina Armstrong, 54. (CBC) An 18-year-old has been charged with murdering his mother, whom police in Caledon, Ont., found dead in a car while responding to a minor accident call on Friday.
    Luke Armstrong has been charged with second-degree murder in the death of Krystina Armstrong, 54.
    On Friday at around 9:40 p.m., police were called to a car accident on Simpson Road in an industrial area of Caledon, about 50 kilometres northwest of Toronto.
    When they arrived, they found Krystina Armstrong's body on the passenger side of the car and ascertained that Luke Armstrong was the driver of the vehicle.
    "When our responding officers attended the scene, it became apparent quite quickly that we were dealing with a much more serious situation," Ontario Provincial Police Const. Jonathan Beckett told CBC's Steven D'Souza on Monday.
    Police found the body of Krystina Armstrong after responding to a report of a minor car accident on this stretch of road in an industrial area of Caledon, Ont. (CBC)Police would not go into detail about the case but told CBC News the crash was not the cause of her death.
    Luke Armstrong was arrested at the scene and later charged. He is set to appear in court in nearby Orangeville on Thursday for a bail hearing.
    CBC News has learned that Krystina Armstrong and her husband were going through a divorce.
    Anyone with information about the case is asked to call the Ontario Provincial Police.



    Read more: CBC News - Toronto - Teen charged with murder in mother's death
    Well as was said by God and Jesus in the end of days wives will deliever their husbands on to death, husband will deliver their wives onto death and children will deliver their fathers and mothers onto death and parents will deliver their chidren onto death.

    All in all the world is fucked no matter how you look at it, I'm not longer surpised by this and all I have to say is if the boy's mother was an abusive bitch then she got more then she deserved, sad but true
    When the femanazis tell me it's their way or the highway I tell them to fuck off and die, because at lest the highway leads to new and intresting places, their ways is a dead end.


 

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