R. v. Mehl

R. v. Mehl

The accused met the evidentiary threshold for an air of reality by alleging mental disturbance and adducing expert psychiatric evidence; having discharged that burden the court must then, as a matter of law, apply the holistic test (internal cause, continuing danger, policy) to determine whether the diagnosed condition is a "disease of the mind" under s.2 — and on that legal characterization the trial judge found the adjustment disorder in this case did constitute a disease of the mind, so the s.16 defence must be left to the jury at the accused's election.

Citation
2017 BCSC 1847
Parties
Crown: Regina; Accused: Kaela Janine Mehl
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 October 2017
Procedural Posture
Criminal First Degree Murder (trial) / Pre Verdict Evidentiary Ruling (air of Reality Determination Under S.16); Supplemental Reasons for Judgment
Outcome
Court ruled accused discharged evidentiary burden; as a matter of law the diagnosed adjustment disorder met the definition of a disease of the mind under s.2; s.16 defence left to the jury at the election of the accused
Legal Topics
Section 16 Criminal Code, Air of Reality, Disease of the Mind, Automatism, Holistic Approach (internal Cause/continuing Danger/policy), Burden of Proof (balance of Probabilities), NCRMD
Source Language
English
Criminal Law Homicide Mental Disorder Defence Forensic Psychiatry Evidence Law Section 16 Criminal Code Air of Reality Disease of the Mind +4 more

Case Brief

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Parties

Regina

Crown

Kaela Janine Mehl

Accused

Procedural Posture

Criminal First Degree Murder (trial) / Pre Verdict Evidentiary Ruling (air of Reality Determination Under S.16); Supplemental Reasons for Judgment

Legal Issues

  1. 1 Whether the accused discharged the evidentiary burden to establish an air of reality for a s.16 defence
  2. 2 Whether the adjustment disorder diagnosed by expert evidence qualifies as a "disease of the mind" under s.2 of the Criminal Code
  3. 3 What legal test and allocation of burdens applies at the evidentiary stage vs. the legal characterization stage

Ratio Decidendi

The accused met the evidentiary threshold for an air of reality by alleging mental disturbance and adducing expert psychiatric evidence; having discharged that burden the court must then, as a matter of law, apply the holistic test (internal cause, continuing danger, policy) to determine whether the diagnosed condition is a "disease of the mind" under s.2 — and on that legal characterization the trial judge found the adjustment disorder in this case did constitute a disease of the mind, so the s.16 defence must be left to the jury at the accused's election.

Court Disposition

Court ruled accused discharged evidentiary burden; as a matter of law the diagnosed adjustment disorder met the definition of a disease of the mind under s.2; s.16 defence left to the jury at the election of the accused

Orders

  • Publication ban under s.648(1) Criminal Code until jury retired
  • Defence of mental disorder (s.16) to be left with the jury at the accused's election; jury to be instructed on the issues twice (merits then s.16)