Supreme Court


Accused abandoned common intention to kill children but failed to neutralize her participation

Accused charged with being party, together with her spouse, to murder of their three children. Appropriate for trial judge to exclude defence of abandonment from defences put to jury as defence did not have air of reality. While accused abandoned common intention to kill children, she failed to do anything to neutralize her participation, by supplying intoxicants used by her spouse to kill children, in murder plot.

R. c. Gauthier (Jun. 7, 2013, S.C.C., LeBel J., Fish J., Abella J., Rothstein J., Moldaver J., Karakatsanis J., and Wagner J., File No. 34444) 108 W.C.B. (2d) 793.

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