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Criminal Law Keyed to Dressler
Latimer v. The Queen
Facts
Robert Latimer had a 12-year-old daughter, Tracy, who had a severe form of cerebral palsy. Her whole body was immobile and she could not move any of her limbs. Mentally she was at around the level of a four-year-old, and experienced five or six seizures every day despite her anti-seizure medication, and had a lot of pain for which medication was not useful. She had no terminal illness, however. She had undergone a series of complex and painful surgeries for various symptoms, but none of them were curative. Latimer had taken “admirable care” of her for years, fully participating in her care and showing great love. At last when another surgery was scheduled, which, he was told, would cause still more pain and would need to be followed by other surgeries, he put her to death without suffering, by carbon monoxide. He was convicted of second-degree murder. He appealed, pleading the improper exclusion of the defense of necessity before the jury by the trial court.
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