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Sentencing in Manslaughter Cases Involving Intimate Relationships
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BASIC DATA FACTORS INFLUENCING SENTENCE
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1
Case Name
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2
Jurisdiction & Court
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3
Month/Year of Sentence, Date of Offence
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4
Offender
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5
Victim
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6
Original charge(s)
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7
Trial/ GuiltyPlea
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8
Pre-Sentence Custody/ Custodial Sentence/ Global
Sentence
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9
Appeal & Result
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10
Location of Crime
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11
Relationship between Victim/Offender
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12
Domestic Nature of Crime
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13
No contact Order
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14
History of spousal violence toward Victim and/or others
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15
Prior convictions for spousal related offences
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16
Prior convictions for violent related offence(s)
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17
Firearms used in commission of the offence
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18
Alcohol and/or drugs consumed at time of offence
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19
History of spousal violence perpetrated by Victim
toward Offender
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20
Mental health/Psychological issues re: Offender
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21
Other Mitigating/Aggravating factors
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Pearson
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N.B.,
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06/02
11/01
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M
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F
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SDM
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T (Jury)
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9y
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home
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CL
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x
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x
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No provocation, Conduct after shooting, Manner of death
and lying to police (A)
Family support, youthful, Positive PSR (M)
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White
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Sask, Q.B.
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03/ 02,
05/ 99
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M
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F
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?
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GP
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9y
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home
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M
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x( 718.2)
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x
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x
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O-A
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X
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Perrambalam
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Ont, SCJ
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08/ 01,
01/ 01
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M
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F
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SDM
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GP
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8m/
5y, 6m/ 7y
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home
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M
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x
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V suffered dementia, O 80 yrs (M)
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Raddi
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NWT, SC
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07/01, 06/00
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M-Ab
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F-Ab
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?
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GP
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1y/ 8.5y/ 10y
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?
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CL
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x
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x
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x
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x
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O-A, V-A
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718.2(e)
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Sheppard
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PEI, SC-TD
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06/01, 12/00
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M
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F
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SDM
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GP
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10y
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home
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CL
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x (718.2)
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O-A, V-A
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CW (A)
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Couture
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Yukon, YTC
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11/01, 07/01
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M
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F
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?
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GP
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4m/
3.5y/
4y
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home
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CL
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x
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x
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x
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O-A+D
V-A+D
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both partners abusive, self-defence (excessive force) (M)
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Fennel
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PEI, SCTD
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03/01,
?
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M
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F
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FDM
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GP
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7 m/ 14y/ ?
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home
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CL
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x (718.2)
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x (crim)
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x
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x
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x
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O-A, V-A
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Hyjek
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Ont, S.C.J.
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04/00, 01/95
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M
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F
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SDM
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T - MD
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6y/ 7y/ 10y
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home
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M
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x (718.2)
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x
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Ekenale (A.J.E.)
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NWT, SC
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06/00, 07/71
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M- Ab
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F-Ab
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M
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GP
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9m/
5y/
6.5y
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river bank
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NR
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x
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x
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O-A, V-A
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718.2(e), concealed crime (A)
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Saunders
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Ont, SCJ
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12/00,
?
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M-Ab
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F-Ab
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SDM
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T – accident/ suicid
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22m/
8y/
12y
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home
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M
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x(718.2)
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x
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O-A, V-A
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718.2(e)
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Hanna
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Ont, SCJ
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08/00, 10/99
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F
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M
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?
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GP
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6m/ 18m + 3y probation/ 28m
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V’s workplace
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CL
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O-A
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x
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McCulloch
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BC, BCCA (2001)
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07/00, 07/96
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M
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F
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?
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GP
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1.5y/
9y/
12y
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O-SU
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home
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CL
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x(718.2)
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x(crim)
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x
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x
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concealed crime (A)
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Augustine
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Ont, OCJ (GD)
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01/99, 08/97
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M
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F
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SDM
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GP
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17m/ 6.5y/
9y
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home
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M
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x
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concealed crime (A)
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Emard
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BC, BCSC
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01/99, 01/97
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F-Ab
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M
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?
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T
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2less1, served in community
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home
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M
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O-A, V-A
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718.2(e)
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Getkate
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Ont, OCJ (GD)
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10/98,
?
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F
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M
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FDM
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T -BWS
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2less1, served in community
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?
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M
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x
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x-BWS
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provocation (M)
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Gladue
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BC, SCC
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02/97, 09/95
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F-Ab
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M-Ab
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SDM
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GP
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3y
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O-SU
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O’s sister’s home
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CL
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x(718.2)
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O-A, V-A
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x
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x
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provocation (M), 718.2(e)
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Ferguson
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Ont, OCJ (GD)
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05/97, 10/93
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F
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M
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SDM
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T - BWS
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2less1, conditional
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home
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CL
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x
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O-A
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x-BWS
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provocation (M)
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Klassen*
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Yukon, CA,
(1997)
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02/97,
?
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M
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F
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SDM
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T
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15m/
5y/
7y
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C-SU
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home
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M
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x(718.2)
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Zagorac
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Alta, ACA (1997)
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Pre-1996,
?
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M
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F
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SDM
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T
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life
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O-SU
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home
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M
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x
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x
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x
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O condones DV (A)
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Jackson
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Alta, ACA (1996)
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Pre-1996, 01/93
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M-Ab
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F-Ab
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SDM
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T - insanity
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15m/
?/
10y
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C-SU
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home
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CL
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x
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x
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x
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x
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CW (A)
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Whynot
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NS, NSCA (1996)
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Pre-1996, 05/92
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F
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M
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SDM
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GP
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5
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O-SU
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home
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M
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O-A, V-A
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x
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both partners abusive
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G.M.W.
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BC, BCCA (1995)
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Pre- 1996, 05/93
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M
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F
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?
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GP
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5
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O-SU
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home
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M
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x
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Stone
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BC, SCC (1999)
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12/95, 03/94
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M
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F
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SDM
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T – A, P
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18m/
4y/
7y
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C-SU
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O’s truck
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M
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x(718.2)
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provocation (M)
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Gray
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Ont, OCJ (GD)
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01/95, 01/94
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M-Ab
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F
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SDM
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GP
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1y/
6y/
?
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home
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CL
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x
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O-A
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x
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DEC
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BC, BCSC
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02/95, 01/77
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F
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M
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SDM
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GP
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1y SS
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home
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CL
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x
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x-BWS
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concealed crime (A)
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Bell
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Ont, OCJ (GD)
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03/95, 10/93
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M
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F
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SDM
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GP
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15m/ 7y3m/
9 or 10y
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home
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CL
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x
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Ghazal
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PQ, Q.S.C.
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06/95,
?
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M
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F
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SDM
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GP
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10m/ 9y/ ?
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home
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M
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x
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O-A
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McDow/ G.A.M.
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NS, NSCA
(1996)
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01/95, 01/93
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F
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M
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SDM
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GP
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2less1, 3y probation
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C-SO, 5y
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home
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CL
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x
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O-A
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BWS- O abused by father, brother, friend (M)
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Cowley
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Ont, OCJ (PD)
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02/95,
?
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F
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M
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SDM
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GP
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7m, 3y probation
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?
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CL
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O-A
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x-BWS
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Drake
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Ont, OCJ (GD)
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07/95,
?
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F
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M
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SDM
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GP
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SS, 3y probation
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street
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M
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x-BWS
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Lemay
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PQ, QCA (1998)
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02/94, 06/92
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M
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F
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FDM
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T
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20y
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O-SO, 13y
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O’s cottage
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NR
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x
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x
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x
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x
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concealed crime (A)
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Lastheels
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Ont, OCJ (GD)
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04/94,
?
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M
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F
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?
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GP
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46m
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?
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CL
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x
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x
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O-A
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Duval
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NB, QB
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02/94, 06/92
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M
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F
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SDM
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GP
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6y
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home
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CL
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|
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O-A, V-A
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Mintert
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BC, BCCA (1995)
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08/94, 07/93
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M
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F
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?
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GP
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13m/
7y/
?
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O-SU
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V’s home
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CL
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|
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x
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Bennett
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Ont, OCJ (PD)
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01/93, 10/90
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F
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M
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FDM
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GP
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SS, 3y probation
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?
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M
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O-A
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x-BWS
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Brooks
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OCJ (GD)
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06/93, 07/91
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M
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F
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Murder
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GP
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2y/ 6y/ 9y
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?
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CL
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x
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O-A+D
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x
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Kabestra
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Ont, OCJ (GD)
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10/93, 04/93
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F
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M
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SDM
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GP
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5m/ 5y/ ?
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?
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CL
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x
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O-A
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Massettoe
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BC, BCPC
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02/93, 06/92
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F-Ab
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M-Ab
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?
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?
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1y, 3y probation
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?
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CL
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O-A, V-A
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x
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both partners abusive
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Bell
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Man., MCA (1993)
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Pre- 1993, 10/91
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M
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F
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SDM
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GP
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5.5y
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C-SO, 12y
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O’s father’s home
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NR
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x
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O-A, V-A
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Brown
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Man., Q.B.
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05/92, 05/90
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F-Ab
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M
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?
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GP
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3y SS, 3y probation
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home
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CL
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x
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O-A
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x-BWS
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Phillips
|
Ont, OCJ (GD)
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10/92, 12/91
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F
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M
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SDM
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GP
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2less1, 3y probation
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home
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CL
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O-A, V-A
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BWS – previous partners (M)
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Pepin
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Ont., OCJ (GD)
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01/92, 04/91
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M
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F
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FDM
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GP
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6m/
9y/
10y
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hotel room
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CL
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x
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O-A, V-A
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Whitten
|
NS, NSSC - TD
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01/92, 10/90
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F
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M
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SDM
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GP
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SS, 3y probation
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home
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CL
|
|
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|
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O-A, V-A
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x-BWS
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Neyelle
|
NWT, SC
|
10/92,
12/90
|
F-Ab
|
M-Ab
|
?
|
T
|
2 years less 1 day
|
|
home
|
M
|
|
|
x
|
x
|
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|
O-A, V-A
|
x
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|
CW
|
|
Sinclair
|
Man., MCA (1992)
|
Pre- 1992,
?
|
M-Ab
|
F-Ab
|
?
|
GP
|
6y
|
O-SU
|
?
|
CL
|
|
|
|
|
|
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O-A, V-A
|
|
|
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|
Tran
|
Ont, OCJ (GD)
|
10/91, 02/89
|
F
|
M
|
SDM
|
GP
|
3.5m/ 1y, 3y probation/ ?
|
|
home
|
CL
|
|
|
|
|
|
|
|
x-BWS
|
x
|
|
|
Archibald
|
BC, BCCA
(1992)
|
Pre-1992,
?
|
M
|
F
|
Murder
|
T
|
5y
|
O-SO, 4y
|
hotel room
|
CL
|
|
|
|
|
|
|
O-A
|
|
|
provocation (M)
|
|
Howard
|
BC, BCCA (1991)
|
04/91, 03/90
|
F-Ab
|
M-Ab
|
SDM
|
GP
|
5.5y
|
O-SO, 2y
|
home
|
M
|
|
|
|
|
|
|
O-A, V-A
|
x
|
|
provocation (M), CW
|
|
Zimmer
|
Sask., C.A. (1991)
|
Pre-1991, 05/90
|
M
|
F
|
SDM
|
GP
|
15y
|
O-SO, 10y
|
home
|
CL
|
|
|
|
|
x
|
|
O-A
|
|
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|
*application for leave to appeal to the SCC dismissed
NOTE: Cases appear in reverse chronological order
KEY:
Column 2: where decision is an appeal, year of appeal is
indicated
Column 3: indicates year of original sentence
Columns 4&5: M = male, F = female, Ab = Aboriginal
*only where a victim or offender was specifically identified as
Aboriginal was this noted
Column 6: FDM = first degree murder, SDM = second degree
murder, M = manslaughter, Murder = second/ first degree not
specified
Column 7: GP = guilty plea to manslaughter, T = pled not
guilty and trial ensued – in these cases certain defenses are
noted; MD = mental disorder, BWS = battered women syndrome (see
Lavallee), A = automatism, P = provocation, in all T cases,
offender was convicted of manslaughter
Column 8: first figure = time spent in pre-trial custody,
second figure = custodial sentence, third figure = global sentence,
where only one figure is noted, no mention was made re: pre-trial
custody, y = years, m = months, SS = suspended sentence
Column 9: O = offender, C = Crown, SU = sentence upheld, SO
= sentence overturned (in these cases, new sentence will be noted
in years, unless otherwise indicated)
Column 10: V = victim, O = offender, home = victim’s
and offender’s shared residence
Column 11: M = married, CL = common law, NR =
non-residential or informal intimate relationship in which O and V
did not cohabit
Column 12: 718.2 = 718.2(a)(ii) specifically considered by
judge, x = domestic nature of crime considered as an aggravating
factor
Column 13: crim = criminal order, civ = civil order
Column 14: *only where the judge specifically
indicated that there was a history of spousal violence
perpetrated by the accused is this noted
Column 15: *only where the judge specifically
indicated that a prior conviction was for a spousal related offence
is this noted
Column 18: O-A = offender under influence of alcohol at time
of offence, V-A = victim under influence of alcohol at time of
offence, D = drugs
Column 19: BWS = evidence of battered women syndrome
considered, as defined in SCC decision Lavallee
Column 21: 718.2(e) considered in sentencing as in
Gladue, A = considered as an aggravating factor, M =
considered as a mitigating factor, BWS – previous partners =
offender found to suffer the effects of BWS as a result of
treatment from previous partners rather than the victim, DV =
domestic violence, CW = child(ren) of home witnessed at least part
of the crime
#2786
Table of Contents
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