Opinion of The Court
Justice Bastarache wrote for the majority. He first distinguished between insane and non-insane automatism. The former was codified under section 16 of the Criminal Code and required that the involuntariness of the conduct to be the result of a "disease of the mind". A successful defence results in a verdict of not criminally responsible on account of mental disorder. The result of the latter is an acquittal.
To apply a defence of automatism the defence has an evidentiary burden to show the judge that the accused's actions were involuntary. The judge will then allow the jury to choose which of the two types of automatism is most appropriate. The question is whether the automatism was the result of a mental disorder or not.
Bastarache examined the meaning of a mental disorder. He identified two approaches under section 16. First is the "internal cause" theory in which the judge compares "the accused's automatistic reaction to the way one would expect a normal person to react in order to determine whether the condition the accused claims to have suffered from is a disease of the mind." This takes into account the triggering event, and whether a normal person might have entered into an automatistic state. For example, an extremely shocking event would reasonably turn someone automatistic.
The second approach is the "continuing danger" theory in which a condition that is likely to present a continuing danger to the public would constitute a mental disorder. These two theories, argued Bastarache, are not meant to be mutually exclusive and should both be considered in the application of the defence (Bastarache also mentioned the possibility of considering other policy concerns when "consideration of the internal cause and continuing danger factors alone not permit a conclusive answer to the disease of the mind question" (at para 218).
On the facts, the trial judge had found that only the non-insane automatism defence applied; however, the triggering effect for Stone was not something that would reasonably be expected from a normal person. Consequently, his defence should fail.
Read more about this topic: R. V. Stone
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