R. v. King
The Court upheld the trial judge's finding that the appellant is presently unfit to stand trial because his delusional disavowal of the name in the Information prevents proper participation; the appeal was dismissed and the amendment of the Information was left to the authorities.
Source-derived case information.
- Citation
- 2007 ONCA 713
- Parties
- Respondent: Her Majesty the Queen; Appellant: Rodney King; Amicus Curiae: Michael Davies
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 18 October 2007
- Procedural Posture
- Criminal Appeal / Appeal From Declaration of Unfitness to Stand Trial
- Outcome
- Appeal dismissed; trial judge's declaration that appellant is unfit to stand trial upheld.
- Legal Topics
- Fitness to Stand Trial, Amendment of Information, Delusional Belief Affecting Participation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Rodney King
Appellant
Michael Davies
Amicus Curiae
Procedural Posture
Criminal Appeal / Appeal From Declaration of Unfitness to Stand Trial
Legal Issues
- 1 Whether the appellant is fit to stand trial
- 2 Whether the Information can or should be amended to the name the appellant uses
- 3 Whether the Court of Appeal should interfere with the trial judge's finding of unfitness
Ratio Decidendi
The Court upheld the trial judge's finding that the appellant is presently unfit to stand trial because his delusional disavowal of the name in the Information prevents proper participation; the appeal was dismissed and the amendment of the Information was left to the authorities.
Court Disposition
Appeal dismissed; trial judge's declaration that appellant is unfit to stand trial upheld.
Orders
- Appeal dismissed.
- No interference with the trial judge's declaration that the appellant is unfit to stand trial.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. King Collection Decisions of the Court of Appeal Date 2007-10-18 Neutral citation 2007 ONCA 713 Docket numbers C46809 Judges Moldaver, Michael James; Feldman, Kathryn N.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. King, 2007 ONCA 713 DATE: 20071018 DOCKET: C46809 COURT OF APPEAL FOR ONTARIO MOLDAVER, FELDMAN and ARMSTRONG JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and RODNEY KING Appellant Rodney King in Person Michael Davies Amicus Curiae Shawn Porter for the respondent Heard: October 10, 2007 On appeal from the judgment of Justice John Waugh of the Ontario Court of Justice dated February 13, 2007 declaring the appellant unfit to stand trial. ENDORSEMENT [1] This is a troubling case. We appreciate the trial judge’s concern that as the Information is presently framed, naming Rodney King as the accused, the appellant, by reason of delusional thinking due to mental illness, sees himself as having no role to play in the proceedings. This is because he disavows that he is Rodney King. [2] That said, it became apparent to us during the course of the appeal that the appellant understands the nature of court proceedings, the roles of the various participants and what is generally at stake for someone charged with a criminal offence and the consequences that can follow from a conviction. Indeed, he gave similar evidence before the trial judge on the fitness hearing. [3] During the appeal as well, we understood from the appellant that if the Information were to be amended to the name of Captain Rod Malak Yah-Wah (the name that the appellant has been using since 2001, well before the incident giving rise to the present charges), he would defend the case on its merits. [4] Whether such an amendment can or should be made is a matter for the authorities. We do not see a basis for interfering with the trial judge’s finding that the appellant is presently unfit to stand trial. [5] Accordingly, we would dismiss the appeal. Signed: “M. J. Moldaver J.A.” “K. Feldman J.A.” “Robert P. Armstrong J.A.”