Cases

Question 1

Rv. Cuerrier

Answer 1

Facts:

• C tested + HIV in 1992
• lied to KM and had unprotected sex
• KM got hepatitis and both got tested together
• KM found out from test , but continued sexual relationship, until 18 months later
• new,BH, breaks up with C when she finds out
• C was charged with aggravated assault, crown appeals to SC

Issue: W.o.n C should be convicted of AA
Was the women’s consent true or vitiated by fraud?

Decision: All agree of AA

Question 2

Rv. Lavallee

Answer 2

.Lav was a battered women in an abusive relationship with her BF Rust
.shot Rust in the back of the head after a violent argument
.a psychiatrist prepared an assessment used to her defence of BWS, she thought she would die that night
.she made excuses for injuries
.on going terror, can’t leave, violence escalated are characteristics of BWS she possessed

Issue: w.o.n BWS is relevant defence

Decision: not guilt cause of on going terror, can’t leave, escalated violence and death threats