R. v. Leung

R. v. Leung

Section 233 does not require a diagnosed mental disorder and, on the facts before the court (including evidence of hormonal changes, concealed pregnancies, unattended births, fear of parents, denial, lack of prenatal care and repeated conduct), there is sufficient evidence upon which a properly instructed reasonable...

Source-derived case information.

Citation
2014 BCSC 558
Parties
Crown: Regina; Accused: Sarah Leung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2014
Procedural Posture
Criminal Murder With Infanticide Plea / Trial Mid Trial Ruling on Air of Reality Before Jury Instructions
Outcome
Judge ruled that the defence of infanticide has an air of reality and must be left to the jury
Legal Topics
Infanticide, Air of Reality, Expert Evidence, Jury Instructions, Statutory Interpretation of S.233
Source Language
english
Criminal Law Evidence Forensic Psychiatry/mental Health Procedure Infanticide Air of Reality Expert Evidence Jury Instructions +1 more

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Parties

Regina

Crown

Sarah Leung

Accused

Procedural Posture

Criminal Murder With Infanticide Plea / Trial Mid Trial Ruling on Air of Reality Before Jury Instructions

Legal Issues

  1. 1 Whether the defence of infanticide under s.233 has an air of reality sufficient to be left to the jury
  2. 2 Whether s.233 requires a diagnosed mental disorder or only a disturbance of mind caused by effects of giving birth or lactation
  3. 3 Whether expert psychiatric evidence is required to establish the link between mind disturbance and effects of giving birth

Ratio Decidendi

Section 233 does not require a diagnosed mental disorder and, on the facts before the court (including evidence of hormonal changes, concealed pregnancies, unattended births, fear of parents, denial, lack of prenatal care and repeated conduct), there is sufficient evidence upon which a properly instructed reasonable jury could find the accused's mind was disturbed by the effects of giving birth; therefore the infanticide defence has an air of reality and must be left to the jury despite absence of psychiatric expert evidence.

Court Disposition

Judge ruled that the defence of infanticide has an air of reality and must be left to the jury

Orders

  • Infanticide defence to be left with the jury for consideration during instructions and deliberation
  • No s.672.11(c) mental condition assessment was ordered at this stage