R. v. Kanounnikoff
The court set aside the convictions and substituted findings of not criminally responsible on all three counts because the joint fresh evidence, principally Dr. Bourgit's evidence, established the appellant was not criminally responsible; the appropriate disposition must be determined by the Review Board and the...
Source-derived case information.
- Citation
- C38660
- Parties
- Respondent: Her Majesty the Queen; Appellant: Youri Kanounnikoff
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 June 2003
- Procedural Posture
- Criminal / Appeal From Sentence (on Appeal From Sentence Imposed May 9, 2002)
- Outcome
- Convictions set aside and substituted with findings of not criminally responsible on all three counts; matter remitted to Review Board for disposition; interim placement ordered.
- Legal Topics
- Not Criminally Responsible, Fresh Evidence on Appeal, Endangering the Safety of an Aircraft, Disposition by Review Board, Forensic Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Youri Kanounnikoff
Appellant
Procedural Posture
Criminal / Appeal From Sentence (on Appeal From Sentence Imposed May 9, 2002)
Legal Issues
- 1 Whether post-plea evidence supported the charge of endangering the safety of the airplane
- 2 Whether fresh evidence established that the appellant was not criminally responsible (NCR)
- 3 Whether convictions should be set aside and replaced by findings of NCR
Ratio Decidendi
The court set aside the convictions and substituted findings of not criminally responsible on all three counts because the joint fresh evidence, principally Dr. Bourgit's evidence, established the appellant was not criminally responsible; the appropriate disposition must be determined by the Review Board and the appellant was ordered placed in the Royal Ottawa Hospital Forensic Programme pending that hearing.
Court Disposition
Convictions set aside and substituted with findings of not criminally responsible on all three counts; matter remitted to Review Board for disposition; interim placement ordered.
Orders
- Set aside the convictions and substitute findings of not criminally responsible on all three counts.
- Remit determination of appropriate disposition to the Review Board as soon as possible.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kanounnikoff Collection Decisions of the Court of Appeal Date 2003-06-24 Docket numbers C38660 Judges Doherty, David H.; Rosenberg, Marc; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20030624 DOCKET: C38660 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. YOURI KANOUNNIKOFF (Appellant) BEFORE: DOHERTY, ROSENBERG and ARMSTRONG JJ.A. COUNSEL: Peter Thorning for the appellant Eric Siebenmorgen and Carol-Ann Bauman for the respondent HEARD & ENDORSED: May 28, 2003 On appeal from the sentence imposed by Justice P.H. Wilkie of the Superior Court of Justice on May 9, 2002. APPEAL BOOK ENDORSEMENT [1] The evidence adduced after the guilty pleas was sufficient to warrant a finding of guilt on the charge of endangering the safety of the airplane: R. v. Bottomley, [2000] E.W.J. No. 873 (C.A.). [2] The parties have made a joint fresh evidence application. The evidence and, principally the evidence of Dr. Bourgit, establishes that the appellant was not criminally responsible. We would set aside the conviction and substitute findings of not criminally responsible on all three counts. [3] We are satisfied that the determination of the appropriate disposition should be made by the Review Board as soon as possible. We are also satisfied that the appellant should be placed in the Forensic Programme at the Royal Ottawa Hospital pending the disposition hearing. He should be taken forthwith from his present place of incarceration to the Royal Ottawa Hospital.