Court File and Parties

Citation: R. v. King, 2007 ONCA 713 Date: 2007-10-18 Docket: C46809

Court of Appeal for Ontario Before: Moldaver, Feldman and Armstrong JJ.A.

Between: Her Majesty the Queen, Respondent and Rodney King, Appellant

Counsel: Rodney King in Person Michael Davies Amicus Curiae Shawn Porter for the respondent

Heard: October 10, 2007

On appeal from the judgment of Justice John Waugh of the Ontario Court of Justice dated February 13, 2007 declaring the appellant unfit to stand trial.

Endorsement

[1] This is a troubling case. We appreciate the trial judge’s concern that as the Information is presently framed, naming Rodney King as the accused, the appellant, by reason of delusional thinking due to mental illness, sees himself as having no role to play in the proceedings. This is because he disavows that he is Rodney King.

[2] That said, it became apparent to us during the course of the appeal that the appellant understands the nature of court proceedings, the roles of the various participants and what is generally at stake for someone charged with a criminal offence and the consequences that can follow from a conviction. Indeed, he gave similar evidence before the trial judge on the fitness hearing.

[3] During the appeal as well, we understood from the appellant that if the Information were to be amended to the name of Captain Rod Malak Yah-Wah (the name that the appellant has been using since 2001, well before the incident giving rise to the present charges), he would defend the case on its merits.

[4] Whether such an amendment can or should be made is a matter for the authorities. We do not see a basis for interfering with the trial judge’s finding that the appellant is presently unfit to stand trial.

[5] Accordingly, we would dismiss the appeal.

Signed: "M. J. Moldaver J.A." "K. Feldman J.A." "Robert P. Armstrong J.A."