Philosophy 2080 : R v. Lavalee

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Appeal: manitoba court of appeal allowing an appeal from acquittal sitting with jury. The facts y the appellant who was 22 years at the time was living with kevin rust for some 3-4 years. Appellant and rust had an argument in the upstairs bedroom which was used by the appellant. Rust was killed by a single shot in the back of the head, fired by the appellant. The relationship between the appellant and rust was volatile and punctuated by frequent arguments and violence. Appellant was frequently a victim of physical abuse at the hands of rust. Relevant legislation y s. 34 everyone who is unlawfully assaulted and who casues death of grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purpose. He believes on reasonable and probable grounds that he cannot otherwise preserve himself from death or grievous bdily harm.