Lavallee's Case

805 WordsJul 8, 20184 Pages
Criminal Law What principles with respect to women battering and self-defense have been established in Lavallee's case? Most of the case law involving female offenders depend on the Supreme Court of Canada's verdict in Lavallee, which accepted proof that an offender had encountered violence elicited by the victim, , Battered Woman Syndrome (BWS), as applicable to the problem of self-defense. In the Lavallee case, proof was disclosed demonstrating that the offender had been exposed to years of abuse owing to the victim, and she was acquitted of murder because she had acted in self-defense. Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these…show more content…
The battered woman syndrome turned out to be recognized in Canadian courts in the verdict made in R. v. Lavallee. In the case, the Supreme Court of Canada recognized the battered woman syndrome inside the circumstances of spousal homicide. Before Lavallee in 1990, the legal prerequisites for self-defense in conjunction with the legal exploit of the phrase ordinary man to decide reasonableness failed to consider disparities in size and strength amid males and females plus the truth that battered women have encountered constant violence. In Lavallee, the accused was exonerated at trial of murder by a judge and jury. She had murdered her husband after a disagreement. Their association incorporated physical violence and continuous squabbles. The then Justice (Wilson) mandated a rethinking of the ordinary man principle in the framework of female violence. She stated, "If it strains credulity to imagine what the 'ordinary man' would do in the position of a battered spouse, it is probably because men do not typically find themselves in that situation. Some women do, however 4. Via Walker's criteria for the battered woman syndrome, Justice Wilson made obvious how a battered woman

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