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R v. Lavalee

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Philosophy 2080
James Hildebrand

CRIMINAL LAW R V LAVALEE APPEAL Manitoba Court of Appeal allowing an appeal from acquittal sitting with jury Appeal Allowed WILSON J y Appeal is the adequacy of a trial judges instruction to the jury regarding expert evidence y Assisting a jury confronted by a plea of selfdefence to a murder charge by a common law wife who had been battered by the deceased THE FACTS y The appellant who was 22 years at the time was living with Kevin Rust for some 34 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 Disbelieved the appellants explanation on one such occasion that she had sustained her injuries by falling from a horse y Shane prepared a psychiatric assessment of the appellant appellant had been terrorized by Rust to the point of feeling trapped and unable to escape the relationship despite the violence y Abuse put her life in danger appellants shooting of the deceased was a final desperate act by a woman who sincerelybelieved that she would be killed that night y Lied to doctors about the cause of her injuries Dr Shane testified that such fabrication was typically of battered women y The appellant was acquitted by a jury but the verdict was overturned by a majority of the Manitoba Court of Appeal and the Case was send back for retrialRELEVANT LEGISLATION y S34everyone who is unlawfully assaulted and who casues death of grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposeHe believes on reasonable and probable grounds that he cannot otherwise preserve himself from death or grievous bdily harm
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