Court of Appeal for Ontario

Citation: R. v. King, 2010 ONCA 42

Date: 20100120

Docket: C50469

Before: Winkler C.J.O., Goudge and Watt JJ.A.

Between:

Her Majesty the Queen

Respondent

and

Rodney King

Appellant

Counsel:

Rodney King, appellant appearing in person

Michael Davies, amicus curiae

Alexandra Campbell, for the respondent

B. Walter Renshaw, for the Brockville Mental Health Centre Hospital

Heard: January 15, 2010

On appeal from the decision of the Ontario Review Board dated January 22, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant, ably assisted by Mr. Davies as amicus curiae, appeals the Ontario Review Board’s decision of January 22, 2009 that he was unfit to stand trial. Mr. Davies fairly concedes that there was evidence before the Board sufficient to avoid the conclusion that its decision was unreasonable.

[2] The main argument was that the Board’s reasons are simply inadequate. In our view, the Board concluded, in light of the record before it, that the appellant was unfit due to his untreated mental disorder. He believed that he is subject only to the laws of Moses, and that he is a separate entity from the Rodney King who is charged with these offences. The Board clearly concluded that because of this delusion, the appellant was unable to understand the nature and object of the criminal proceedings, and was therefore unfit to stand trial.

[3] While the Board’s resolution of the dilemma presented by the appellant could well have been more wholesomely explained, its reasons are sufficient for appellate review and that is the standard that it must meet. The appeal must therefore be dismissed.