Following a judge-alone criminal trial arising from sexual touching of a child in a hotel room, the sole issue was whether the accused was not criminally responsible on account of mental disorder.
The court accepted expert psychiatric evidence that the accused suffered from a non-rapid eye movement sleep arousal disorder with sleep-related sexual behaviour, and found that his conduct occurred in a state of automatism rather than conscious, voluntary action.
Applying the mental disorder and automatism jurisprudence under s. 16 of the Criminal Code, the court held the defence proved on a balance of probabilities that the accused was incapable of appreciating the nature of his act or knowing it was wrong.
An NCR verdict was entered on the sexual assault count, disposition was referred to the Ontario Review Board, the sexual interference count was conditionally stayed, a SOIRA order was made, and a DNA order was refused.
