The Crown appealed the acquittals of the accused on charges of sexual assault.
The trial judge found that the accused's actions were involuntary and occurred while in an automatistic state caused by a series of small strokes, characterizing it as non-mental disorder automatism.
The Court of Appeal allowed the appeal, finding that the trial judge erred in law by failing to presume the automatism was caused by a mental disorder, by treating the medical classification of a brain disease as determinative of the legal classification of a mind disease, and by improperly assessing the continuing danger factor.
A new trial was ordered to determine whether the automatism should result in a verdict of not guilty or not criminally responsible on account of mental disorder.
