Murder trial. Accused stabbed a homeless man as he slept on a park bench. NCR defence advanced on the basis of mental disorder automatism. Trial judge rejected the NCR defence, finding various problems in the foundation of the defence expert’s evidence. Accused was convicted of manslaughter.

Held: Appeal dismissed.

Defence failed to prove mental disorder on a balance of probabilities. “An absence of memory is not evidence of lack of criminal intent. Memory loss does not equate to automatism.” No error committed by the trial judge in his process of finding the expert evidence to be unreliable. Automatism was not proven.

K. Quinlan – Defence Counsel