R. v. Ejigu

R. v. Ejigu

Crown proved beyond reasonable doubt that the accused killed the victim. On balance of probabilities the accused was suffering from a serious mental disorder, active at the time, which rendered her incapable of knowing that her actions were morally wrong; accordingly, under s.16 Criminal Code the accused is not...

Source-derived case information.

Citation
2016 BCSC 2278
Parties
Crown: Regina; Accused: Ayelech Ejigu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 December 2016
Procedural Posture
Criminal — Second Degree Murder; NCRMD Application / Trial — Reasons for Judgment/acquittal
Outcome
Accused acquitted on grounds of not criminally responsible by reason of mental disorder (s.16 Criminal Code); further disposition under Part XXI Criminal Code
Legal Topics
NCRMD (s.16 Criminal Code), Insanity/mental Disorder, Mens Rea, Second Degree Murder, Manslaughter (alternative Verdict), Fitness to Stand Trial, Expert Psychiatric Evidence, Forensic Evidence (dna, Pathology)
Source Language
english
Criminal Law Forensic Psychiatry Evidence Homicide Mental Disorder Law NCRMD (s.16 Criminal Code) Insanity/mental Disorder Mens Rea +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Ayelech Ejigu

Accused

Procedural Posture

Criminal — Second Degree Murder; NCRMD Application / Trial — Reasons for Judgment/acquittal

Legal Issues

  1. 1 Was the accused suffering from a mental disorder at the time of the killing?
  2. 2 If so, was that disorder active/operational at the time of the killing?
  3. 3 Did the disorder render the accused incapable of appreciating the nature and quality of her act?

Ratio Decidendi

Crown proved beyond reasonable doubt that the accused killed the victim. On balance of probabilities the accused was suffering from a serious mental disorder, active at the time, which rendered her incapable of knowing that her actions were morally wrong; accordingly, under s.16 Criminal Code the accused is not criminally responsible and must be acquitted. Further disposition falls under Part XXI of the Criminal Code.

Court Disposition

Accused acquitted on grounds of not criminally responsible by reason of mental disorder (s.16 Criminal Code); further disposition under Part XXI Criminal Code

Orders

  • The accused, Ayelech Ejigu, is acquitted of the charge of second degree murder on the basis of not criminally responsible by reason of mental disorder pursuant to s.16 of the Criminal Code.
  • Further disposition and any supervisory/detainment measures to be dealt with under Part XXI of the Criminal Code (referral to Review Board/appropriate forensic disposition).