R. v. Denny (A.N.), 2009 NSPC 59

JudgeRoss, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateOctober 15, 2009
JurisdictionNova Scotia
Citations2009 NSPC 59;(2009), 283 N.S.R.(2d) 259 (PC)

R. v. Denny (A.N.) (2009), 283 N.S.R.(2d) 259 (PC);

    900 A.P.R. 259

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. OC.048

Her Majesty the Queen v. Andrew Noel Denny

(2323351-353/2083504/2087308; 2009 NSPC 59)

Indexed As: R. v. Denny (A.N.)

Nova Scotia Provincial Court

Ross, P.C.J.

October 25, 2009.

Summary:

The accused was charged with several offences. The accused's counsel contested the accused's fitness to stand trial.

The Nova Scotia Provincial Court held that the presumption of fitness for trial had not been displaced.

Criminal Law - Topic 92.3

General principles - Mental disorder - General - Preliminary trial of issue of fitness - The accused was charged with several offences on September 1 and 2, 2009 - Upon his arrest he was taken to the mental health unit - On September 4, 4009, a psychiatrist stated that he appeared grossly psychotic - Rather than conduct a bail hearing, a forensic assessment was ordered into the accused's fitness and criminal responsibility - An October 9, 2009 assessment report by Dr. Kronfli stated that the accused was, by then, fit to stand trial, although not criminally responsible for his actions - The accused's counsel contested the accused's fitness to stand trial - Kronfli stated that the accused was presently fit in that he understood the role of judge and counsel, knew the function of the court and possible outcomes, knew the events behind the charges and was capable of relating them to counsel, and was able to follow the proceedings and maintain a courtroom demeanor - The accused, who desperately wanted out of the hospital, agreed - The accused's counsel alleged that he was unable to obtain instructions - He found the accused to be disorganized in his thinking, preoccupied with his delusions, unable to focus on the contents of the Crown file, unable to have a conversation with counsel about the events and thus unable to communicate with counsel - Kronfli had had direct contact with the accused more than 10 times - The accused's counsel had only met with the accused twice concerning the charges - However, he had represented him on various occasions in the past, had his trust and had always been able to discuss charges and obtain instructions, until now - The Nova Scotia Provincial Court held that the presumption of fitness for trial had not been displaced - Fitness was a dynamic state of affairs dependent upon changes in mental condition, the effectiveness of medications, etc. - The court remanded the accused to the hospital to maintain his fitness to stand trial.

Cases Noticed:

R. v. Taylor (D.R.M.) (1992), 59 O.A.C. 43; 77 C.C.C.(3d) 551 (C.A.), refd to. [para. 8].

R. v. MacPherson (M.A.) (1998), 168 N.S.R.(2d) 323; 505 A.P.R. 323 (Prov. Ct.), refd to. [para. 9].

R. v. Amey (B.) (2009), 278 N.S.R.(2d) 97; 886 A.P.R. 97 (Prov. Ct.), refd to. [para. 10].

Counsel:

Darcy MacPherson, for the Crown;

Ann Marie MacInnes, for the defence.

This matter was heard on October 15, 2009, before Ross, P.C.J., of the Nova Scotia Provincial Court, who released the following written decision on October 25, 2009.

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