R. v. Kjeldsen, (1981) 39 N.R. 376 (SCC)

• Judge: Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.
• Court: Supreme Court (Canada)
• Case Date: December 17, 1981
• Jurisdiction: Canada (Federal)
• Citations: (1981), 39 N.R. 376 (SCC);1981 CanLII 218 (SCC);34 AR 576;[1982] 1 WWR 577;[1981] SCJ No 107 (QL);24 CR (3d) 289;[1981] 2 SCR 617;64 CCC (2d) 161;131 DLR (3d) 121;39 NR 376;17 Alta LR (2d) 97

R. v. Kjeldsen (1981), 39 N.R. 376 (SCC)

MLB headnote and full text

R. v. Kjeldsen

Indexed As: R. v. Kjeldsen

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.

December 17, 1981.

Summary:

This case arose out of a charge of murder against the accused after he admittedly killed a female taxi driver with a rock after raping her. Medical evidence showed that the accused was a psychopath and understood that hitting the woman with a rock would kill her; although he had inappropriate psychological responses to the act. The trial judge instructed the jury that psychopathy was a disease of the mind and the jury convicted the accused of first-degree murder. The accused appealed. The Alberta Court of Appeal allowed the appeal in part and substituted a verdict of second-degree murder, because the trial judge failed to adequately instruct the jury on the issue of whether the murder was first or second-degree.

The Court of Appeal held that the trial judge properly instructed the jury on the defence of insanity and held that the accused appreciated the nature and quality of his act, because he understood the physical nature and consequences of it, notwithstanding his inappropriate psychological responses.

The accused appealed on the issue of the defence of insanity.

The Supreme Court of Canada dismissed the appeal and affirmed the judgment of the Alberta Court of Appeal.

Criminal Law - Topic 98

Insanity - Disease of the mind - What constitutes - Psychopathy - Criminal Code of Canada, R.S.C. 1970, c. C- 34, s. 16 - The Supreme Court of Canada affirmed a decision of the Alberta Court of Appeal that what constitutes a disease of the mind within the meaning of s. 16 was a question of law for the judge - The court held that a trial judge did not err in instructing the jury that psychopathy was a disease of the mind and in leaving the question of whether the accused was a psychopath for the jury to determine - See paragraphs 7 to 9.

Criminal Law - Topic 100

Insanity - Appreciating - Meaning of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 16 - The Supreme Court of Canada held that a person appreciates the nature and quality of an act within the meaning of s. 16, if he knows or is aware of the physical nature and consequences of the act - See paragraphs 7 to 11.

Cases Noticed:

R. v. Cooper, [1980] 1 S.C.R. 1149; 31 N.R. 234, appld. [para. 7].

R. v. Barnier, [1980] 1 S.C.R. 1124; 31 N.R. 273, appld. [para. 8].

R. v. Schwartz, [1977] 1 S.C.R. 673; 8 N.R. 585, consd. [para. 8].

R. v. Simpson (1977), 35 C.C.C.(2d) 337, appld. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 16 [para. 4].

Authors and Works Noticed:

McRuer Report (Ontario Commission Inquiry into Civil Rights) (1969) [para. 8].

Counsel:

J. Brimacombe, for the appellant;

Paul S. Chrumka, Q.C., for the respondent.

This case was heard on March 17, 1981, at Ottawa, Ontario, before LASKIN, C.J.C., MARTLAND, RITCHIE, DICKSON, BEETZ, ESTEY, McINTYRE, CHOUINARD and LAMER, JJ., of the Supreme Court of Canada.

On December 17, 1981, McINTYRE, J., delivered the following judgment for the Supreme Court of Canada: