BATTERED WIFE SYNDROME

CASE STUDY – Battered Wife Syndrome – the Catherine Smith story

Facts: Catherine Smith was in a long marriage and endured horrific brutality, rape and torture over a long period of time and developed a syndrome known as Battered Wife Syndrome. She eventually literally escaped the marriage. Attempts were made to locate Catherine with the intention of killing her. Her husband was intercepted by police when he was on the way to meet her. In the boot of the car were handcuffs, a cattle prod, a sawn off shotgun, a balaclava, gaffer tape and blank Last Will and Testaments. Mr Smith went to gaol for threatening his son with a shotgun. Mrs Smith feared that he would attempt to track down her children upon his release and so she kept him under surveillance so that she knew her children were safe. Catherine armed herself with a pistol for protection. She was running out of money and feeling desperate. She approached her estranged husband. The gun went off twice.

Catherine Smith was charged with attempted murder and firearms offences. She was initially bail refused before Philip Stewart, a partner of Nyman Gibson Stewart and accredited criminal law specialist stepped in. Bail was quickly granted in the Local Court despite the serious nature of the charges and the frank and honest record of interview given by Mrs Smith to police on the night of her arrest.

A committal hearing saw Mr Smith questioned at length about the violence that he had exhibited to his wife and others.

At the trial, evidence was given by psychiatrists about the effect of the violence upon Mrs Smith as well as evidence of the violence. The jury took 25 minutes to reach unanimous verdicts of not guilty. The trial judge ordered that the transcripts be referred to the Director Of Public Prosecutions to determine whether any criminal charges should be brought against Mr Smith. One of the jury questions during the trial was to the effect “What Happens To A Person that Tells Lies To the Jury?”

On 1 September 2008, the ABC ran an episode on Australian Story. It is without a doubt a most satisfying result to find that the system that had let Catherine Smith down for so many years finally worked to achieve a just result. Unfortunately, Catherine Smith will always be looking over her shoulder as she remains living in fear of her former husband.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.

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