R. v. Amey

R. v. Amey

Applying Taylor and Morrissey the judge concluded that, despite episodic lucidity and some test scores, Mr. Amey’s dementia, profound short‑term memory impairment, confabulation and probable executive dysfunction prevent him from meaningfully participating in trial or reliably communicating and retaining instructions for counsel; therefore he is unfit to stand trial and remains subject to the Review Board disposition.

Citation
2009 NSPC 29
Parties
Crown: Her Majesty the Queen; Accused: Bernard Amey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 April 2009
Procedural Posture
Criminal Fitness to Stand Trial / Return From Review Board Hearing (s.672.48 Hearing)
Outcome
Accused found unfit to stand trial; remains subject to the Review Board conditional discharge.
Legal Topics
Fit/unfit to Stand Trial, Taylor Test, Review Board Disposition, Burden of Proof S.672.32(2), Conditional Discharge
Source Language
English
Criminal Law Fitness to Stand Trial Forensic Psychiatry Procedural Law Fit/unfit to Stand Trial Taylor Test Review Board Disposition Burden of Proof S.672.32(2) +1 more

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Parties

Her Majesty the Queen

Crown

Bernard Amey

Accused

Procedural Posture

Criminal Fitness to Stand Trial / Return From Review Board Hearing (s.672.48 Hearing)

Legal Issues

  1. 1 Whether the accused is fit to stand trial under the Criminal Code
  2. 2 Whether the accused can meaningfully communicate with and instruct counsel
  3. 3 Assessment and weight of competing psychiatric expert evidence

Ratio Decidendi

Applying Taylor and Morrissey the judge concluded that, despite episodic lucidity and some test scores, Mr. Amey’s dementia, profound short‑term memory impairment, confabulation and probable executive dysfunction prevent him from meaningfully participating in trial or reliably communicating and retaining instructions for counsel; therefore he is unfit to stand trial and remains subject to the Review Board disposition.

Court Disposition

Accused found unfit to stand trial; remains subject to the Review Board conditional discharge.

Orders

  • Accused declared unfit to stand trial and to remain under the existing Review Board disposition/conditional discharge.