R. v. Gladue, [1999] 1 S.C.R. 688

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The accused, an aboriginal woman, pled guilty to manslaughter for the killing of her common law husband and was sentenced to three years’ imprisonment. On the night of the incident, the accused was celebrating her 19th birthday and drank beer with some friends and family members, including the victim. She suspected the victim was having an affair with her older sister and, when her sister left the party, followed by the victim, the accused told her friend, “He’s going to get it. He’s really going to get it this time”. She later found the victim and her sister coming down the stairs together in her sister’s home. She believed that they had been engaged in sexual activity. When the accused and the victim returned to their townhouse, they started to quarrel. During the argument, the accused confronted the victim with his infidelity and he told her that she was fat and ugly and not as good as the others. A few minutes later, the victim fled their home. The accused ran toward him with a large knife and stabbed him in the chest. When returning to her home, she was heard saying “I got you, you fucking bastard”. There was also evidence indicating that she had stabbed the victim on the arm before he left the townhouse. At the time of the stabbing, the accused had a blood alcohol content of between 155 and 165 milligrams of alcohol in 100 millilitres of blood.

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