Ontario criminal | Defences
INSANITY
Accused suffered from major mental disorder but knew act of killing was morally wrong
Accused stabbed two deceased women and attempted suicide as part of ritualistic suicide pact formed between three parties. Deceased and accused had formed and executed plan to obtain supplies and hotel lodging to carry out pact. Accused made statement to police following deaths describing pact and his role in killings of deceased. Accused claimed he was not criminally responsible on account of mental disorder for unlawful killings. Accused found criminally responsible and convictions registered for two counts of first degree murder. Accused had established he suffered from major mental disorder likely to be schizophrenia at time of killings. Cogent evidence of careful plan specifically designed to cause death belied assertion accused unable to appreciate nature and quality of act of killing deceased. Accused knew act was morally wrong in eyes of community as steps taken to conceal pact and accused admitted act was legally wrong. Appropriate to enter convictions for first degree murder given evidence of careful planning and deliberation to intentionally kill deceased.
R. v. Dobson (Jan. 15, 2015, Ont. S.C.J., D. Watt J., File No. Barrie 13-165) 125 W.C.B. (2d) 283.
Accused suffered from major mental disorder but knew act of killing was morally wrong
Accused stabbed two deceased women and attempted suicide as part of ritualistic suicide pact formed between three parties. Deceased and accused had formed and executed plan to obtain supplies and hotel lodging to carry out pact. Accused made statement to police following deaths describing pact and his role in killings of deceased. Accused claimed he was not criminally responsible on account of mental disorder for unlawful killings. Accused found criminally responsible and convictions registered for two counts of first degree murder. Accused had established he suffered from major mental disorder likely to be schizophrenia at time of killings. Cogent evidence of careful plan specifically designed to cause death belied assertion accused unable to appreciate nature and quality of act of killing deceased. Accused knew act was morally wrong in eyes of community as steps taken to conceal pact and accused admitted act was legally wrong. Appropriate to enter convictions for first degree murder given evidence of careful planning and deliberation to intentionally kill deceased.
R. v. Dobson (Jan. 15, 2015, Ont. S.C.J., D. Watt J., File No. Barrie 13-165) 125 W.C.B. (2d) 283.
