The Crown appealed from the respondent's acquittal on a charge of counselling the commission of murder.
The respondent, a victim of severe spousal abuse, had attempted to hire a hit man to kill her husband.
The trial judge acquitted on the basis of the common law defence of duress.
The Supreme Court held that duress requires compulsion to commit a specific offence and is not available where threats were not made for the purpose of compelling the commission of an offence.
However, given the uncertainty in the law, the Crown's change of position between trial and appeal, and the exceptional circumstances, a stay of proceedings was entered rather than ordering a new trial.
Fish J. dissented in part, favouring a new trial over a stay.
