R. v. Berkiw

R. v. Berkiw

On the balance of probabilities the accused was suffering from a major mental disorder (psychosis with persecutory delusions and mood‑incongruent psychotic features) at the time he caused the death and that disorder rendered him incapable of appreciating the moral wrongfulness of his actions; therefore, although the...

Source-derived case information.

Citation
2025 BCSC 1515
Parties
Crown/prosecution: Rex; Accused: Joseph Berkiw; Victim: S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 July 2025
Procedural Posture
Criminal Second Degree Murder With NCRMD Application / NCRMD Hearing and Verdict
Outcome
Verdict: accused committed the act but is not criminally responsible on account of mental disorder (NCRMD).
Legal Topics
Not Criminally Responsible (s.16 Criminal Code), Insanity Defence, Criminal Responsibility Assessment, Burden and Standard of Proof, Disposition by Review Board
Source Language
english
Criminal Law Mental Health Law Forensic Psychiatry Not Criminally Responsible (s.16 Criminal Code) Insanity Defence Criminal Responsibility Assessment Burden and Standard of Proof Disposition by Review Board

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Parties

Rex

Crown/prosecution

Joseph Berkiw

Accused

S.

Victim

Procedural Posture

Criminal Second Degree Murder With NCRMD Application / NCRMD Hearing and Verdict

Legal Issues

  1. 1 Whether the accused was suffering from a disease of the mind at the time of the killing
  2. 2 Whether that disease rendered the accused incapable of appreciating the nature and quality of the act or of knowing it was wrong (moral wrongness)
  3. 3 Whether elements of murder were proven beyond a reasonable doubt prior to consideration of s.16

Ratio Decidendi

On the balance of probabilities the accused was suffering from a major mental disorder (psychosis with persecutory delusions and mood‑incongruent psychotic features) at the time he caused the death and that disorder rendered him incapable of appreciating the moral wrongfulness of his actions; therefore, although the elements of second‑degree murder were proven beyond a reasonable doubt, the proper verdict is that he committed the act but is not criminally responsible pursuant to s.16 and s.672.34.

Court Disposition

Verdict: accused committed the act but is not criminally responsible on account of mental disorder (NCRMD).

Orders

  • Verdict rendered pursuant to s.672.34: accused committed the act but is not criminally responsible on account of mental disorder
  • Detention order pursuant to s.672.46 maintained pending disposition by the Review Board