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Old 06-14-2012, 11:00 AM
WorkingDAD WorkingDAD is offline
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Default 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.
from CBC news Canada ...
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Old 06-14-2012, 11:43 AM
Mess Mess is offline
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Who knows how this will turn out, and if you read the original court decisions, the situation was pretty extreme.

My own feeling is that the potential hit man was still obviously breaking the law and would have to be charged. The woman therefore cannot be exhonerated. If she had the wherewithal and focus to hire someone to kill, then she was capable of hiring a bodyguard and a moving company. I can recognize that the police and society let her down and didn't afford her the protection she deserved, but there were still options.
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Old 06-14-2012, 05:32 PM
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I have been following this case for a while... Double-standard in the extreme - makes me want to puke.

Cheers!

Gary
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Old 06-14-2012, 08:51 PM
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Does this mean I might be able to hire someone ?
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Old 06-14-2012, 09:58 PM
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Quote:
Originally Posted by Gary M View Post
I have been following this case for a while... Double-standard in the extreme - makes me want to puke.

Cheers!

Gary
I guess, sometimes you have to live it. I remember being woken by my mother in the middle of the night, told to get dressed and hurry down, only to be met at the front door by my father, telling her that if she or the kids took one more step, someone would die that night.

None of our family, family friends, business acquaintances had a clue about what was going on in our household. My parent were both well-known and successful business people. My mother would have received no support from the police in our small town.

So, I am more open minded, perhaps, about a duress plea.

Last edited by mcdreamy; 06-14-2012 at 10:08 PM. Reason: eta: spelling
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Old 06-14-2012, 11:00 PM
momforever1956 momforever1956 is offline
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What makes me wanna puke is someone being bullied, yelled at, threatened and hiding their bruises.
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Old 06-15-2012, 03:50 PM
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Quote:
Originally Posted by mcdreamy View Post
I guess, sometimes you have to live it. I remember being woken by my mother in the middle of the night, told to get dressed and hurry down, only to be met at the front door by my father, telling her that if she or the kids took one more step, someone would die that night.

None of our family, family friends, business acquaintances had a clue about what was going on in our household. My parent were both well-known and successful business people. My mother would have received no support from the police in our small town.

So, I am more open minded, perhaps, about a duress plea.

Having been through a little of what this woman went through, I can honestly say that I understand why they would consider a duress plea. Being under the complete control of another person, and then treated like you are less than dirt; kicked, punched spit on etc, a person gets to a point where they can consider doing anything just to escape. It's part of the human survival instinct: "fight ot flight".

I'm not saying that she should go unpunished, I don't know enough about the case to even have a solid opinion. But I do understand that in this situation why a woman would feel like that was their only option.
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Old 06-15-2012, 03:54 PM
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I am generally going to stay out of this one. I see both sides and I can foresee that if this passes it will be abused in the future and how this defence is likely only available to one sex when it is statically proven both are nearly equally likely to be abused.

Edit - and if she is not convicted of conspiracy to commit murder, I feel there must be a lesser charge in place to mitigate her actions.

Yeah, the husband is an evil man. But like Mess said, if one can hire a hitman, they can hire a bodyguard and/or tell their family to assist them in getting away.

Last edited by HammerDad; 06-15-2012 at 03:56 PM.
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Old 06-15-2012, 04:09 PM
billiechic billiechic is offline
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Oh, ITA agree with you Hammer! She does need to have consequences.

But I will say that in that kind of situation not everyone is able to make clear decisions. Some people may have been so brainwashed that they honestly believe that there is no way to escape. hiring a bodyguard may be an option that is not taken because of paranoia or fear of him finding out.

"Battered Wife Syndrome" does occur, and we all know that many people who claim it don't really have it (just like the insanity plea). DV is claimed far too often by people who have not really experienced it.

If this is allowed you can bet that someone will use it. Precedence-setting case for sure. I will have to pay more attention to it as well. I see both sides too, and am glad I am not the one to make that decision.
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Old 06-15-2012, 04:24 PM
WorkingDAD WorkingDAD is offline
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I honestly can not find any reason how you can justify to hire hit man and use it as self defense.

It's just does not make any sense.

From my understanding killing someone in self defense only justified if you basically have no choice and have to kill or die (unless you are in Florida where you can kill someone because he just look threatened).

I mean really how you can tell that she has no other options? In Canada? Really? Woman here can just call and guy will be charged - no question asked...

Of course I do not know any details but would any details can justify you to hire hit man and then claim self defense? I am sorry but I can't accept and I hope this court will not even suggestion that this can be justified... It's scary future considering the fact how DV really investigated. Call->charge->will look into any evidence later.

ADDED:

this is the case
2010 NSSC 114 (CanLII)

and appeal
2011 NSCA 30 (CanLII)

WD

Last edited by WorkingDAD; 06-15-2012 at 04:32 PM.
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