The appellant, a battered woman, shot and killed her common law partner in the back of the head as he left the room following an argument where he physically abused her and threatened to kill her.
At trial, a psychiatrist testified as an expert on battered woman syndrome to explain her state of mind and why she reasonably apprehended death or grievous bodily harm.
The jury acquitted the appellant, but the Court of Appeal ordered a new trial.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that expert testimony on battered woman syndrome is admissible to assist the jury in assessing the reasonableness of a battered woman's apprehension of death and her belief that lethal force was necessary.
