PHL271H1 Lecture Notes - Lecture 8: Self-Defense, Grievous Bodily Harm
Document Summary
Lacalle killed her partner, out of self defence. It was a problem for her to use a self defence: she wasn"t in an immediate danger. Pg 291: she shot him because she was scared, but: she was traumatized that she felt trap, her shooting of the pertner was led to believe that she was gonna be killed that inght. Justice wilson, said he was correct, because it was relevant in this case: evidence of bws, is needed to combat a number of the myths of domestic violence. She has to show that she believed that her partner would have killed her, and that belief is justified. She has to show that there is no alternative: a: imminent danger requirement is needed for this to be satisfied. Judges assumed that this is the case if the person is in imminent danger. Look at the months of violent acts cumulatively.
