R. v. Johnson (R.), 2000 BCSC 542

• Judge: Preston, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: March 29, 2000
• Jurisdiction: British Columbia
• Citations: 2000 BCSC 542;[2000] B.C.T.C. 209 (SC)

R. v. Johnson (R.), [2000] B.C.T.C. 209 (SC)

MLB headnote and full text

Temp. Cite: [2000] B.C.T.C. TBEd. AP.057

Her Majesty the Queen v. Richard Johnson

(X054475; 2000 BCSC 542)

Indexed As: R. v. Johnson (R.)

British Columbia Supreme Court

New Westminster

Preston, J.

March 29, 2000.

Summary:

The accused was charged with first degree murder arising out of the killing of his friend. The accused pleaded not guilty by reason of mental disorder under s. 16(1) of the Criminal Code.

The British Columbia Supreme Court reviewed s. 16(1) which required that the accused establish that he suffered from a mental disorder that rendered him incapable of appreciating the nature and quality of his acts or of knowing that these acts were wrong. The court reviewed the psychiatrists' evidence and found the accused not criminally responsible by reason of mental disorder.

Criminal Law - Topic 97

General principles - Mental disorder - Insanity, automatism, etc. - What constitutes "insanity" (incl. "not criminally responsible due to mental disorder") - See paragraphs 1 to 35.

Criminal Law - Topic 107

General principles - Mental disorder - Insanity, automatism, etc. - Evidence - See paragraphs 1 to 35.

Cases Noticed:

R. v. Warsing (K.L.), [2000] B.C.T.C. 166 (S.C.), consd. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 2 [para. 6]; sect. 16(1), sect. 16(2), sect. 16(3) [para. 4].

Counsel:

R.Y. Bonner, and J.L. Fogel, for the Crown;

J.D. Banks, for the accused.

This case was heard on March 20-24, 27-28, 2000, at New Westminster, British Columbia, before Preston, J., of the British Columbia Supreme Court, who delivered the following judgment on March 29, 2000.

Please note: The following judgment has not been edited.