R. v. S, 2023 ABKB 583 Not guilty of murder

The accused stabbed the victim in the neck causing his death. The accused admitted to causing the death but pleaded not criminally responsible due to mental disorder and was found not guilty of murder.

Table of Contents

In R. v. Shylga, 2023 ABKB 583, the accused stabbed the victim in the neck at the victim’s home on August 13, 2023, causing his death. The accused admitted to causing the death but pleaded not criminally responsible due to mental disorder.

Defence

The accused pleaded Mental disorder defence under s. 16(1) Criminal Code – he was incapable of knowing his actions were wrong due to mental illness.

Evidence

Starting in spring 2022, the accused developed severe paranoid delusions, believing he and his ex-girlfriend were being poisoned by a criminal organization led by the victim. He exhibited increasingly erratic behaviour including:

 

  • Obsessive concerns about poisoning, constantly calling family about drug testing
  • Eating only pre-packaged food, changing salt, installing security cameras
  • Writing paranoid letters to his girlfriend about being “drugged” and “manipulated”
  • Searching online for barbiturate and benzodiazepine information
  • Reporting his beliefs to police and seeking hospital testing

Expert Evidence

Two forensic experts diagnosed the accused with “delusional disorder, persecutory type” – a rare mental condition characterized by fixed, unsupported beliefs about being conspired against or poisoned.

Verdict

Not criminally responsible on account of mental disorder. The court found that the accused suffered from a mental disorder that prevented him from knowing his actions were morally wrong, despite understanding their nature and consequences.

Disposition

Detained at Alberta Hospital Edmonton pending Review Board hearing.

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