Sentencing for Manslaughter in Cases Involving Intimate Relationships

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Sentencing for Manslaughter in Cases Involving
Intimate Relationships

• R v Lavallee

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Canada and Self-Defense

• 37. (1) Every one is justified in using force to
  defend himself or any one under his protection
  from assault, if he uses no more force than is
  necessary to prevent the assault or the
  repetition of it.
• (2) Nothing in this section shall be deemed to
  justify the wilful infliction of any hurt or
  mischief that is excessive, having regard to the
  nature of the assault that the force used was
  intended to prevent. R.S. c.C-34, s.37.

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Criminal Code S 718.2(a) (ii)

• Sentence is increased or decreased depending on
  aggravating or mitigating circumstances relating
  to offense or offender

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Battered Women Syndrome

• Is a legitimate CONSIDERATION in terms of
  sentencing as a mitigating circumstance, even if
  offender has pled guilty

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DETERMINING FACTORS

• MITIGATING FACTORS Factors that could be
  considered to lessen the sentence of accused
• EXCULPATING FACTOR clear a person of blame
  completely
• AGGRAVATING FACTORS factors that could be
  considered to sentence/increase the sentence of
  accused

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Factors that Influence Sentencing

• INTOXICATION self-induced not considered a
  defense (re R v Daviault)
• Can be considered if escape of abuse is through
  excessive alcoholism
• MENTAL HEALTH/PSYCHOLOGICAL ISSUES
• Could be BWS, depression- person must show
  willingness to resolve mental health issues to be
  factor in sentencing

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Factors Influencing Sentencing (cont.)

• MENTAL HEALTH...CONT
• Schizophrenia, psyhological instability
• All goes to affecting MENS REA (criminal
  mind-set)
• DOMESTIC NATURE OF THE OFFENCE
• Victim of crime was perpetrator of domestic
  violence- could be mitigating factor,
• Includes dynamics of spousal abuse
• If abuser harms abusee- aggravating factor

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Factors Influencing Sentencing

• CHILDREN
• Presence of children during commission of offense
  could be considered an aggravating factor
• Unless protecting children was dominant purpose