R. v. Butler (D.M.), (1990) 87 Nfld. & P.E.I.R. 221 (NFPC)

• Judge: Hyslop, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 11, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 87 Nfld. & P.E.I.R. 221 (NFPC)

R. v. Butler (D.M.) (1990), 87 Nfld. & P.E.I.R. 221 (NFPC);

    271 A.P.R. 221

MLB headnote and full text

Her Majesty the Queen v. Doris May Butler

Indexed As: R. v. Butler (D.M.)

Newfoundland Provincial Court

Judicial District of Gander

Hyslop, P.C.J.

December 11, 1990.

Summary:

The accused was charged with assaulting her common law husband. The accused pleaded self-defence against an unprovoked assault.

The Newfoundland Provincial Court acquitted the accused.

Criminal Law - Topic 204

Common law defences - Self-defence - The accused pleaded self-defence to a charge of assaulting her common law husband - Nine year relationship - Husband persistently abused the accused - Accused had an eye injury and was in her night clothes; this was consistent with her allegation that she was attacked by the husband and struck back out of fear and anticipation of further abuse - The Newfoundland Provincial Court stated that she acted reasonably considering the background of abuse and the events leading to the assault - The court applied s. 34 of the Criminal Code (self-defence against unprovoked attack).

Cases Noticed:

R. v. Lavallee (1990), 108 N.R. 321; 76 C.R.(3d) 329, refd to. [para. 9].

Statutes Noticed:

Child Welfare Act, S.N. 1972, c. 37, sect. 2(a.1)(v) [para. 16]; sect. 49 [para. 17].

Criminal Code, R.S.C. 1985, c. C-46, sect. 34(1), sect. 34(2) [paras. 3, 15]; sect. 265(1) [para. 2]; sect. 266 [para. 1].

Authors and Works Noticed:

MacCloud, Linda, Battered But Not Beaten ... Preventing Wife Battering in Canada (1987), C.A.C.S.W., p. 13 [para. 8].

Counsel:

Jim Hughes, for the Crown;

Barbara MacAdam, for the defence.

This case was heard before Hyslop, P.C.J., of the Newfoundland Provincial Court, who delivered the following oral judgment on December 11, 1990.