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Midtrial ruling that NCRMD had not yet been raised; mental-disturbance evidence could still be used on mens rea, but a later first-branch s. 16 claim could not relitigate intent.
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.
Source excerpt
Appeal from a second degree murder conviction considered the automatism defence, the Stone holistic approach, and jury instruction issues. The court dismissed the appeal.
Appeal from a second degree murder conviction allowed because the jury charge blurred the line between murder and manslaughter and risked confusing intent.
The trial judge committed a fundamental error by deciding guilt and ordering psychiatric assessment without permitting the defence to make submissions; that denial of the right to full answer and defence cannot be cured by the curative proviso because prejudice cannot be excluded, therefore the conviction and subsequent finding must be set aside and a new trial ordered.
Source excerpt
The Supreme Court of Canada upheld a new trial in an attempted robbery case, holding there was no evidence of non-insane automatism to leave to the jury.
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