Mentally ill accused, who suffered from schizophrenia, pleaded guilty to manslaughter. Originally charged with murder. Accused beat and stabbed her mother to death. Accused suffered from delusional beliefs. In 2014 the accused had been found unfit by a jury. Accused had spent in excess of 6 years in pre-trial custody.
Held: 2 years jail plus 3 years probation.
The accused’s psychiatric circumstances were relevant to determining her level of moral culpability: B(SJ), 2013 ABCA 153. “Mental disorders, particularly schizophrenia, can significantly mitigate a sentence”: Ayorech, 2012 ABCA 82. Accordingly, applying Laberge was “not straight forward”. Appropriate sentence was 11 years and 3 months prior to credit for pre-trial custody.
M. Duckett – Defence Counsel