R. v. Trombley, [1999] 1 S.C.R. 757

Her Majesty The Queen Appellant

v.

Elaine Trombley Respondent

Indexed as: R. v. Trombley

File No.: 26755.

1999: April 23.

Present: Lamer C.J. and L'Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci, Major, Bastarache and Binnie JJ.

on appeal from the court of appeal for ontario

Criminal law -- Self-defence -- Charge to jury.

APPEAL from a judgment of the Ontario Court of Appeal (1998), 1998 7128 (ON CA), 40 O.R. (3d) 382, 110 O.A.C. 329, 126 C.C.C. (3d) 495, [1998] O.J. No. 2680 (QL), allowing the accused's appeal from her conviction for manslaughter and ordering a new trial. Appeal dismissed.

Susan Kyle, for the appellant.

Marie Henein, for the respondent.

The judgment of the Court was delivered orally by

//The Chief Justice//

[1] The Chief Justice -- This appeal comes to us as of right. We all agree substantially with the reasons and disposition of the case by the majority of the Court of Appeal of Ontario. Accordingly, the appeal is therefore dismissed and the order for a new trial on the charge of manslaughter is confirmed.

Judgment accordingly.

Solicitor for the appellant: The Ministry of the Attorney General, Toronto.

Solicitors for the respondent: Greenspan, Henein & White, Toronto.