@snood,
I don't think she will. They appear to want to argue that she acted under an honest but mistaken belief that she was in her appartment (and therefore within her right to shoot him...I don't get that law, but it's a different country).
From what I read though, there is no reasonableness where she could argue 'honest' belief:
- there was a different door mat
- the furniture would be different to hers
- the furniture setup would be different to hers
- the guy was sitting on a couch (how many burglars do that?)
- the guy was in evening at home clothes
- the guy looked innocent (ie. not like a hardened criminal)
- the first reaction of a person whose home has been entered unlawfully is either a look of surprise or outrage (while criminals would be fear or hositility)
- the first words out of any surprised persons mouth is 'what are you doing / get out of my house / what the? / etc.
- she'd be trying to say she didn't find this very, very strange..and not at all at odds with her belief she was in her own appartment. I don't think anyone would buy that.
- she didn't ask him 'what are you doing in my appartment'
I'd be incredibly surprised if they managed to get the killing downgraded to manslaughter.