R. v. Jereda (J.K.), 2015 SKPC 90

• Judge: Harradence, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 11, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 90;(2015), 475 Sask.R. 288 (PC)

R. v. Jereda (J.K.) (2015), 475 Sask.R. 288 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JN.036

Her Majesty the Queen v. Justin Keith Jereda

(Information: 24447921; 2015 SKPC 90)

Indexed As: R. v. Jereda (J.K.)

Saskatchewan Provincial Court

Harradence, P.C.J.

June 11, 2015.

Summary:

The accused was charged with wilfully causing pain to a dog and wilfully neglecting to provide adequate care to a dog, contrary to ss. 445 and 446 of the Criminal Code. Defence counsel sought to have the accused declared not criminally responsible.

The Saskatchewan Provincial Court found the accused not criminally responsible.

Criminal Law - Topic 97

General principles - Mental disorder - Insanity, automatism, etc. - What constitutes "insanity" (incl. "not criminally responsible due to mental disorder") - Jereda, a former member of the United States Army, suffered from post-traumatic stress disorder and bipolar disorder - On January 14, 2014, Jereda's dog (Cody) left Jereda's property and went to a neighbour's property - Jereda went to retrieve Cody and slit the dog's throat with a knife - The neighbour took Cody to a veterinarian where he was treated successfully - Jereda was charged with wilfully causing pain to a dog and wilfully neglecting to provide adequate care to a dog (Criminal Code, ss. 445 and 446) - Medical evidence indicated that Jereda had experienced a dissociative state on January 14 - The Saskatchewan Provincial Court found Jereda not criminally responsible - Although one psychiatrist opined that the dissociative state was transient and insufficient to negate Jereda's ability to know that his actions were wrong, a second psychiatrist opined that Jereda could not appreciate the nature and quality of his actions or know that they were wrong - The court accepted the opinion of the second psychiatrist - It was significant that Jereda was quite attached to Cody and had credited the dog with saving him from a prior suicide attempt - It was also significant that Jereda was extremely distressed and overwhelmed on January 14, and was admitted to hospital for four days on January 21.

Counsel:

Shawn Blackman, for the Crown;

Marcel Simonot, Q.C., for the accused.

This matter was heard at Prince Albert, Saskatchewan, before Harradence, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on June 11, 2015.