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battered women's syndrome

AA v. Fiscalía General de la Nación, Caso No. 299/2010

The Trial Court sentenced the accused (AA) to two years in prison for aggravated domestic violence.  The court considered the aggravating circumstances to be the accused’s recidivism and the use of his strength to overpower his female victim.  AA had a history of domestic violence against his wife (BB).  Even though he had repeatedly assaulted BB and stabbed her once, BB refused to file a complaint against him.  A family court judge imposed a restraining order against AA pursuant to which he could not get closer than 300 meters to BB and her children.

Lavallee v. Her Majesty the Queen

The appellant, a battered woman, killed her abusive partner after an argument in which he threatened her life. In her defense, the appellant offered the expert testimony of a psychiatrist who testified regarding battered woman syndrome. The appellant was ultimately acquitted. The Manitoba Court of Appeal overturned the acquittal, and the Supreme Court of Canada considered whether the expert testimony of the psychiatrist should have come before the court and whether the judge’s instructions on said testimony were appropriate.

Longsworth v. The Queen

The appellant threw an accelerant on her husband, followed by a lit candle.  She then immediately attempted to douse the flames in water.  Her husband died and she was convicted of murder and sentenced to life imprisonment.  On appeal, the appellant attempted to introduce new evidence that she had suffered from Battered Women Syndrome (“BWS”).  This evidence was not available during the appellant’s trial because there were no qualified forensic psychiatrists available in Belize.  The Court of Appeal granted the appeal on the ground that (1) it was capable of be

McMaugh v. State

A woman and her husband were convicted of murder, and the woman appealed her conviction, arguing that her husband’s severe abuse prevented her from fairly defending herself at trial. Evidence of the abuse was discovered one year after the completion of trial, when the woman and her husband were placed in separate prisons.

Republic v. C.W.

The defendant was accused of the killing of her husband. She entered into a plea agreement to reduce the charge of murder to manslaughter.  The deceased returned home on May 7, 2016, intoxicated and accused the defendant of infidelity.

施美丽故意杀人案,上海市崇明县人民法院 (People's Procuratorate of Chongming County v. Shi)

On May 20, 2014, the defendant used a hammer to strike her husband’s head three times. She then asked her son to send her husband to hospital where he died. The Court found that throughout their marriage, the deceased often beat and abused the defendant. The day before the incident, the deceased beat the defendant for a long period of time. At approximately 5:30 AM the following day, the defendant, due to the history of abuse, decided to kill her husband. During the trial, multiple witnesses testified to the deceased’s long history of domestic violence.

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