Murder Charge Results in Acquittal
Our client was a victim of long term physical and mental abuse at the hands of her husband. One night, after both had been drinking heavily, her husband attacked her, as he had often done before. Our client ultimately stabbed her husband resulting in his death. She was charged with second degree murder.
Upon being retained we immediately had the client assessed by a Psychologist, who diagnosed her with Post Traumatic Stress Disorder. The Psychologist testified at trial about the impact that the years of abuse had had on the client, and as to how her mind interpreted the threat to her on the night in question in light of her experiences of abuse.
The client was acquitted of second degree murder on the basis of self defence.
Murder Charge Stayed
Our client was charged with second degree murder in the beating death of a man in a drug house. The sole witness against the client was a youth who was cognitively and emotionally delayed.
The witness attended the Preliminary Inquiry and testified that he did not recall seeing the beating of the victim that resulted in his death. The Crown then applied to have his previous statement, which was video recorded, admitted into evidence for the truth of its contents.
We were able to successfully defend this application, resulting in there being no evidence whatsoever against the client. The charges were therefore stayed.