Saturday, April 29, 2006

Acquittal upheld

Canada: The Supreme Court upheld the acquittal of a Quebec woman who shot and killed her abusive, alcoholic husband in 1999 after a 31-year marriage.

Her lawyers argued she acted while in a trance-like state brought on by years of abuse and the trial judge also suggested to the jury she might have been acting in self-defence.

She was acquitted, but the Crown argued the two defences—self-defence and "automatism"—are contradictory. The Quebec Court of Appeal agreed and ordered a new trial.

The Supreme Court overturned the appeal court, leaving the acquittal to stand.

Source

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