Battered Person/Woman Syndrome Analysis

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Even though Battered Person/Women Syndrome is now more of an accepted argument in a court of law because of it the result of a great deal of psychological abuse and stress, there is still controversy surrounding it. Because of this, the legal definition of battered person syndrome relates to the Oakes Test because of limiting interpretation within the Criminal Code. Which further causes an “overriding [of] a constitutionally protected right or freedom.” Simon Fraser University, n.d.) In other words, because Section 718.2a through e of the Criminal Code - R.S.C., 1985, c. C-46 completely ignores whether or not the offender themselves were abused for months or even years on end before they committed an offence, therefore it not only puts on …show more content…

v. LaVallee [1990] 1 S.C.R. 85. By the time this case reached the Supreme Court of Canada it was clear that Angelique LaValle was indeed an abused women, whom had suffered from Battered Person Syndrome, and though the jury at the first trial acquitted her from any wrongdoing the Manitoban Court of Appeals eventually sent the case to the Supreme Court of Canada. According to the Oakes Test this is already problematic because it was reasoned that if it were not for the psychiatrist who brought into the trial for the defence that the jury would have come back with a guilty verdict — which burdens LaVallee and her defence team again to prove her innocence, and she was battered in the first place. The Canadian court system and the Crown also do not have a good excuse to disregard the Charter because Ms. LaVallee was an abused women who was faced with a decision from her abuser that night, because he threatened that he was going to get her, and that one of them was going to die that night, she had no other choice but to kill him instead. This is …show more content…

Also, the charges within first or second degree murder is serious enough that it disregards the belief of the lightest sentence possible because the lightest sentence here is twenty-five years with no parole for first degree, and ten to twenty five years with a chance for parole “at the judge's discretion” (CBCnews | Canada, 2012.) for second degree, these sentences are obviously not light at all. The last part of the Oakes Test calls for the necessity of the charge and how it limit’s an accused’s rights and freedoms in accordance to the Charter, it is arguable that someone should even be charged with an offence if they have been victimized to the diagnostic extent that Battered Person Syndrome states is deplorable. In accordance with the Oakes Test, the legal system’s proceedings “must be fair and not arbitrary, carefully designed to achieve the objective in question and rationally connected to that objective.” (Simon Fraser University,

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