R. V. Latimer Case Study

The reason I chose this case was due to the fact it was a popular case throughout my childhood and because my cousin was a quadriplegic and had a form of cerebral palsy where she was limited to being taken care of by medical and hospital staff I was just a small child at this time my family would have regular visits with her One summer she got extremely sick and went into a coma my aunt then had to make the decision to keep her on life support or to let her go So this case is very relevant to what happened but under different conditions and circumstances.
According to the events depicted in R.v. Latimer 1994 On October 24 1993 Mrs. Latimer and her 3 children were out to Sunday church during that time Robert Latimer and Tracy Latimer were at
1046) The police knew of Tracy’s cause of death which had aroused their suspicion towards Robert so they had reasonable grounds to believe he was involved in an indictable offence In the final submission and the argument of the defence they stated that Roberts statements were not voluntary and he had experienced pressure from the two officers, and the statements should be excluded This pressure did not amount to trickery and did not affect Robert’s decision between right and wrong in his answers and did not deprive him of the right to remain silent during the questions (R.v. Latimer, 1994) Later in November 1994 Latimer had been found guilty of 2nd degree murder sentenced to 10 years He was then released on bail while his case was being appealed to the Supreme Court of Canada the Supreme Court then ordered a new trial due to interference with the jury The second trial then resulted in a 2nd conviction of 2nd degree murder he was then given a mandatory minimum 10 year sentence for 2nd degree murder They then found 10 years to be cruel and unusual punishment which is under the Canadian Charter of Rights and Freedoms s.12 which states “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.”(Martin, 2016, pg. 1919) Latimer was then sentenced to 10 years with no possibility of parole he then served half of his time in a provincial jail and half on his farm The Supreme Court then began to launch clemency petitions in 2001 Latimer also began to serve his sentence in William Head Prison during that year In 2007 Latimer had requested day parole from the national parole board he stated that killing his daughter was the right thing to do and he was then denied day parole