Legal Case Summary and Analysis

What Transpired

Mrs. Annamarie Meyers was physically assaulted by her husband, Bradley Roth, and she is demanding to have the possession of their household assets. Mr. Roth is an adult aged 34 years and of sound mind. They have been married for 14 years under common- law and have one son. They enjoyed very cordial relationship in their early years of marriage. However, Roth began to change early last year and began to abuse his wife, though she tolerated him for quite a while. The verbal abuse culminated into physical assault and threats. He assaulted her with a tire Iron in June of 1996 and caused physical harm to her. Meyer also accused Roth of uttering threats to her. She reported the case to the police and Roth was taken to custody for domestic violence and causing physical harm.

The Position of the Canadian Criminal Code on the Criminal Event

Canadian laws do not permit violence of whichever kind. According to the Department of Justice (2011), violence is illegal and any person liable will be charged in a court of law. Domestic violence is prohibited under the Canadian’s Criminal Code, Criminal Section 423. Section 423 (1) explains that every person meting violence on another  is guilty of indictable offence and is therefore liable to imprisonment for a term that does not exceed five years or punishable on summary conviction. The code goes further and prohibits domestic violence through provisions that stipulates the following: use of violence or threat of violence to or person or his or her common- law partner or children, or spouse, or injures his or her property is unlawful. In addition, the law prohibits intimidation or attempts to intimidate another person or persons related to them, in Canada or elsewhere. Violation of these provisions will ultimately lead to punishment of the guilty party. In the case of Meyers v. Roth, 1996, Roth was found guilty of harassment and assault and was taken to custody.

Explaining the Crime

Roth’s assault and verbal abuse on his wife is a form of domestic violence by one partner (Roth) against (Meyers) in an intimate relationship, in this case marriage. According to White et al (2009), domestic violence can take many forms, which may include threats, sexual abuse, intimidation, emotional abuse, stalking, domineering, and physical aggression such as hitting, slapping and throwing of objects among others. In the case of Roth and Meyers, physical aggression and emotional abuse was evident. In the case at hand, Roth evidently engaged in acts of aggravated assault towards his wife in total disregard of the law, family ethics or moral values.  Roth’s violent behaviour only culminated to physical assault after several instances of verbal assault. The fact the wife always tolerated her and even opted to move out instead of fighting back means that Roth was under no threat of violence and hence self-defence would not absolve her of her abusive and violent behaviour.  There are numerous causes of domestic violence such as childhood socialization, strain level of a person, previous couple relationships experience, and psychological causes such as mental disorders or self- esteem issues among others (Whites et al, 2009).

Even though the cause of the violence in question has not been mentioned, it may fall into one of the aforementioned causes. The most likely cause is strained communication between the two partners. This is because, despite the fact that Meyers has been abused for quite a long time, it seems the couple did not take time to communicate their problems and iron out their differences. Because of failure to address the problem, it culminated in a more dangerous kind of violence; physical aggression. White et al. (2009) notes, the best theory that can describe such a case is conflict theory. Conflict theory holds that competing interests between the couple could probably have caused such violence. In addition, due to poor conflict- solving mechanism, the conflict persisted resulting to violence.


My Personal Reflections on the Case

It is unfortunate that domestic violence is a reality in the societies that we live in today. As a matter of fact, statistics across the world indicate that each society usually experience some form of violence and more specifically domestic violence. Canada is particularly experiencing domestic violence at a worrying level. According to CBC News (2006), the same year that the case under question occurred, 546,000 men and 653,000 women encountered some form of domestic violence. I consider the case as a reflection of deep- rooted problem in our contemporary societies; actually a bigger problem than often imagined. I consider the case unfortunate, but again, it should act as a wakeup call to everyone in the society on the need to adequately address the problem of domestic violence. The society should emphasize efforts that seek lasting solution to domestic conflicts. Also, very punitive laws should be enacted to discourage domestic violence as it threatens the stability of the families.