R. v. Atkinson (H.P.), (1979) 19 A.R. 202 (TD)

• Judge: Forsyth, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 11, 1979
• Citations: (1979), 19 A.R. 202 (TD)

R. v. Atkinson (H.P.) (1979), 19 A.R. 202 (TD)

MLB headnote and full text

R. v. Atkinson (H.P.)

(CR 12905)

Indexed As: R. v. Atkinson (H.P.)

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Forsyth, J.

May 11, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 99

Insanity - "Wrong" - Meaning of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 16 - The Alberta Supreme Court, Trial Division, found the accused not guilty by reason of insanity on a murder charge, because the accused was not aware that he had done anything legally wrong - See paragraphs 16 to 17.

Criminal Law - Topic 100

Insanity - "Appreciating" - Meaning of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 16 - The Alberta Supreme Court, Trial Division, held that an accused appreciated the nature and quality of his acts, where he understood and appreciated the physical factors or physical consequences of his acts - See paragraphs 7 to 15.

Evidence - Topic 7010

Opinion evidence - Expert evidence - Admissibility of information on which opinion based - The Alberta Supreme Court, Trial Division, held that hearsay information, which an expert uses to prepare his opinion, is admissible to demonstrate the basis of his opinion, but not to prove the truth of the information - See paragraph 8.

Words and Phrases

Appreciating - The Alberta Supreme Court, Trial Division, discussed the meaning of the word "appreciating" in the phrase "capable of appreciating the nature and quality of an act" in s. 16(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - See paragraphs 7 to 15.

Words and Phrases

Wrong - The Alberta Supreme Court, Trial Division, discussed the meaning of the word "wrong" in the phrase "knowing that an act or omission is wrong" in s. 16(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - See paragraphs 16 to 17.

Cases Noticed:

R. v. Phillion (1977), 14 N.R. 371; 37 C.R.N.S. 363, appld. [para. 8].

R. v. Augustus et al., [1977] 6 W.W.R. 36; 5 A.R. 499, appld. [para. 8].

R. v. Harrinanan, [1977] 5 W.W.R. 655, appld. [para. 12].

R. v. Schwartz (1976), 8 N.R. 585; [1977] 1 S.C.R. 673, appld. [para. 14].

R. v. Budic (1978), 12 A.R. 131; [1979] 1 W.W.R. 11, appld. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 16.

Counsel:

P. McIntyre, for the Crown;

R.A. Cairns, for the accused.

This case was heard on May 7 and 8, 1979, at Calgary, Alberta, before FORSYTH, J., of the Alberta Supreme Court, Trial Division, Judicial District of Calgary, who delivered the following judgment on May 11, 1979: