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Old 06-14-2012, 07:28 PM   #1
Xelebes
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Before the SCC: Hiring vs. DIY
Interesting case before the court.

Top court to hear landmark spousal abuse case

Quote:
The Supreme Court of Canada will begin hearing arguments this morning on whether victims of domestic abuse can hire a hit man to kill their partners, a controversial issue which tests the limits of the defence of duress.

The case involves a Nova Scotia woman, Nicole Doucet, who tried to hire an undercover RCMP officer to kill her husband Michael Ryan.

The high school teacher was arrested in March 2008 and charged with counselling to commit murder.

She was acquitted of the charge two years later after the Nova Scotia Supreme Court accepted her argument that she thought she had no other way out of an abusive 15-year marriage to a man who repeatedly threatened her and her daughter.
The problem is if she does it herself, there is a good chance she would have gotten off free. The Nova Scotian Court of Queens Bench agreed. The Appeals court isn't so sure about that. Now it's before the Supreme Court.
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Old 06-14-2012, 10:28 PM   #2
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I'm going to say probably not.
If it's a hitman, then it's definitely premeditated, on both the employer and the hitman's part, unlike the usual act of self-defense.
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Old 06-14-2012, 11:23 PM   #3
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Either way the hitman needs to be charged. However, the woman... I'm not so sure about. It's possible that she felt helpless enough to believe that there's no way she could have killed him and needed someone else to do it to free her from the relationship.
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Old 06-15-2012, 10:54 AM   #4
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Between Sleeping With the Enemy and Dolores Claiborne, I think she might have a case (or at least a sympathetic jury).
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