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Trial judge erred by weighing evidence instead of leaving mental disorder automatism defence to jury.
The accused was convicted of first degree murder after the trial judge refused to put the defence of mental disorder automatism to the jury.
The Court of Appeal quashed the conviction and ordered a new trial.
The Crown appealed to the Supreme Court of Canada.
The Supreme Court dismissed the appeal, holding that the trial judge erred by weighing the evidence rather than simply determining if there was some evidence upon which a properly instructed jury could reasonably conclude that the accused acted involuntarily.
The accused's testimony and the expert psychiatric evidence provided a sufficient evidential foundation to put the defence to the jury.
