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SOSC 1375 (90)


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York University
Social Science
SOSC 1375
Donald A Burke

1 CASES Carrie Davies (1915)  Confessed to the murder of her master, yet left the courtroom a free women to a cheering applause  Was going to be raped  overcome by fear, she took revolver and shot him  18 year old women from Englan, servant in the massey home  young and white and british and innocent and hardworking and dutiful  was found not guilty in a Toronto because was a women R. v. Daviault (1994)  was a chronic alcoholic  was asked to get alcohol for a friend of his wife  She drank half a glass and passed out and Daviault drank the rest of the bottle while she slept  Daviault took her to her bedroom and sexually assaulted her  arrested and charged for sexual assault  defense was that before the event, he already had 7 beers at a bar, and after drinking some brandy, he has no recollection of what had happened until he woke up naked in the woman's bed.  An expert witness in pharmacology testified to the likelihood of the defence, and that having drunk as much as he did there was little chance he could have functioned normally or been aware of his actions.  was aquitted because was unable to form a general intent  The Quebec Court of Appeal overturned the acquittal ruling that intoxication to the point of automatism cannot negate the mens rea requirement for a general intent offence  The issue before the Supreme Court was whether "a state of drunkenness which is so extreme that an accused is in a condition that closely resembles automatism or a disease of the mind as defined in s. 16 of the Criminal Code constitute a basis for defending a crime which requires not a specific but only a general intent?"  The Court held, 6 to 3, that the absence of a defence for a general intent offence on the basis of intoxication akin to insanity or automatism violated section 7 and 11(d) of the Charter, and could not be saved under section 1. They overturned the verdict and ordered a new trial. 2 R. v. Stone (1999)  Bert Stone was married to Dona Stone. Bert had previously been married two other times and had teenage children from the second marriage  In 1994 he made arrangements to make a business trip to Vancouver and visit his son without telling his wife. When she found out she insisted that she went along too.  Visit to his son was cut short when Donna threatened to lean on the car horn until the police arrived. He made a comment about getting a divorce, which greatly upset her. Bert drove into an abandoned lot and stopped the car. She began to yell and scream, and belittle him.  He stabbed her 47 times, hid her body in the trunk, left a note to her daughter, and went to Mexico. Turned himself in after  Charged for murder  In his defence, Stone pleaded insane automatism, non-insane automatism, lack of intent, and in the alternative, provocation. The judge allowed for a defence of insane automatism. The jury convicted him of manslaughter and sentenced him to
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