Given the link, what was the final verdict in this case?Here is the link:http://www.canlii.org/en/ca/scc/doc/1990/1990canlii95/1990canlii95.htmlAfter reading the case, I still don't understand...
Given the link, what was the final verdict in this case?
Here is the link:http://www.canlii.org/en/ca/scc/doc/1990/1990canlii95/1990canlii95.html
After reading the case, I still don't understand whether or not Lavallee was found guilty for killing her partner or not. It said that did she get an appeal but that went to Supreme Court of Canada, however, what was the final decision by the Supreme Court of Canada?
I am an American attorney, so my response is in no way authoritative. However, it appears that the Canadian Supreme Court holding is that the original acquittal at trial must stand, reversing the decision of the intermediary appellate court, which had reversed the acquittal. In other words, the trial court found the defendant to be innocent, the prosecution appealed to the Manitoba appellate court, which reversed. Then the defendant appealed to the Supreme Court, which upheld the acquittal, so the defendant goes free. The only issue before the Supreme Court was the testimony of the psychiatrist and the jury instructions regarding that testimony. The Supreme Court reasoned that expert evidence was properly admitted, that the instructions were proper, and that there was ample evidence otherwise for a jury to acquit the defendant.