The accused was charged with five offences arising from two separate incidents: prowling and voyeurism on March 17, 2011, and breaking and entering with intent to commit an indictable offence on March 20, 2010.
The defence raised the issue of non-insane automatism due to sleepwalking, supported by expert psychiatric evidence regarding the effects of the medication Zopiclone.
The court found the accused guilty of prowling on March 17, 2011, but not criminally responsible for the offences on March 20, 2010, due to mental disorder automatism.
The court applied the holistic approach established in R. v. Stone, considering the continuing danger to the public and the medical evidence regarding the accused's condition.
