not criminally responsible

Family of man found NCR question treatment facility.

A schizophrenic man found not criminally responsible for fatally stabbing his stepfather, 59-year-old Michael Madsen, 26 times on Sept. 11, 2008, will remain behind double-locked doors at the Ottawa Royal Mental Health Center following the adjournment of a Ontario Review Board hearing deciding his future.

Jonathan Madsen, 43, had previously attempted to kill his stepfather because he believed, based on the delusions he suffered, that Michael’s death would lift a curse he feared would bring about the end of the world. He was found not criminally responsible for this prior incident.

In her July decision, Superior Court Justice Johanne Lafrance-Cardinal, pointed out that, that before Madsen’s release from the Brockville unit of the Royal Ottawa hospital in early September 2008, he was “able to convince the Ontario Review Board that he was doing well and was taking his prescribed medication. He was obviously not,” Lafrance-Cardinal said. “He made statements to Dr. Chaimowitz that further work needs to be done to get rid of the curse.”

Crown attorney Roberts said Madsen’s mother, Emily, “has a mistrust of the clinical team in Brockville. She’s concerned about their ability to judge Mr. Madsen’s state and that they might recommend he be transferred back into the community,” Roberts said.

Roberts explained the family isn’t worried about Madsen visiting them in Cornwall over the next year, which he was prone to do in the past, but they are concerned about what happens after Madsen’s review a year later, when the restrictions on him could be looser.

The family, Roberts said, would prefer Madsen be taken on by a new clinical team with “a fresh set of eyes” and no experience working with him.

Madsen’s lawyer, Michael Davies, requested an adjournment of Tuesday’s ORB meeting for a few months while he and doctors responsible for his client’s treatment could look into alternative facilities to the Brockville unit of the hospital. “We’re in agreement with detention in a medium security unit, but which one?”

Ottawa Royal Mental Health Centre staff have recommended the Brockville unit of the hospital. In late October, the ORB panel will reconvene.

Sackville Teen not criminally responsible for murder.. family sought help prior

A Middle Sackville teenager whose family had been trying to get him psychiatric help has been found not criminally responsible for second-degree murder because of a mental disorder.

Judge Pam Williams made the finding today in Halifax youth court, accepting an expert opinion from a psychiatrist that the teen was psychotic when he killed a woman Feb. 5.

Joyann Wright, 49, died at her house on Hewer Crescent in Middle Sackville. She suffered multiple stab wounds and blunt-force injuries.

The name of the accused, who turned 18 last month, is banned from publication under the Youth Criminal Justice Act. Continue reading Sackville Teen not criminally responsible for murder.. family sought help prior

Schoenborn Not Criminally Responsible for Killing Children

Allan Dwayne Schoenborn committed a crime so horrendous the judge found he could not be held criminally responsible for his acts, because no reasonable or rationale person could do such a thing.

“I find that Mr. Schoenborn did commit the first-degree murder for each of his children … but is not criminally responsible on account of mental disorder,” Justice Robert Powers of B.C. Supreme Court ruled.

The children – Kaitlynne, 10, Max, 8 and Cordon, 5 – had been placed in their father’s care for a night by Mr. Schoenborn’s estranged common-law-wife, who had just told him reconciliation was impossible.

When Darcie Clark returned to her trailer home in Merritt, B.C., on April 6, 2008, she found her three children arranged as if sleeping. They had been smothered and the girl had been struck repeatedly with a cleaver. Scrawled in blood and soy sauce were the messages “Forever Young” and “Gone to Neverland.”

Crown lawyer Glenn Kelt, argued that Mr. Schoenborn was motivated by wanting to punish Ms. Clark. He waited until the children were asleep. He attacked his daughter with a cleaver, and when that didn’t kill her, he smothered her. He then smothered and strangled his little boys.

Mr. Schoenborn, a Vancouver roofer with a Grade 9 education and a history of mental illness, had followed the family to Merritt in hopes of reconciling with Ms. Clark. Just weeks earlier, he had pleaded guilty to violating a protection order that was put in place after he was accused of sexually assaulting her.

The trial heard that Mr. Schoenborn was consumed by jealousy and paranoia. When Ms. Clark told him she was expecting their first child, he began accusing her of being unfaithful.

He had been treated for psychotic illness, but refused to take his medication. In the months before the killings, he lost his job, was homeless and had been told a reunion with his family was impossible.

Mr. Schoenborn’s case has raised questions about government support for domestic-violence prevention and about how bail hearings are managed.

Days before the children were killed, Mr. Schoenborn was arrested over a disturbing incident at Kaitlynne’s elementary school. He was charged with two counts of uttering threats to cause bodily harm after he threatened a young girl who had upset his daughter.

Police asked that Mr. Schoenborn be held in custody over the weekend until April 7, when he could be brought before a judge in person.

Instead, in a bail hearing by telephone, justice of the peace Fraser Hodge agreed to free Mr. Schoenborn.

“I know we’re close to the line here on this one, but I am going to give Mr. Schoenborn a chance,” Mr. Hodge concluded. “I want you to remember that you got a good break on this, and, you know, appreciate that. Don’t let anything wrong,” he told Mr. Schoenborn. Continue reading Schoenborn Not Criminally Responsible for Killing Children

Review Board: Vincent Li to be detained in custody… For Now

PROVINCE OF MANITOBA
CANADA

Review Board

IN THE MATTER OF: Part XX.1 Criminal Code of Canada

AND IN THE MATTER OF: Vince Weiguang Li

AND IN THE MATTER OF: A Disposition hearing held in Winnipeg, Manitoba on Monday, June 1, 2009

QUORUM: John Stefaniuk, Chairperson
John Brown, Member
Dr. Thomas Thompson, Member
Dr. Maralyn MacKay, Member
Peggy Dillon, Member

APPEARANCES: Vince Weiguang Li

Mr. A. Libman and Mr. G. Bates,
Counsel for Mr. Li

Ms. C. Deegan,
Counsel for the Attorney General

DISPOSITION AND REASONS

Vince Weiguang Li appeared before the Review Board on Monday, June 1, 2009 for a Disposition hearing pursuant to Section 672.47(2) of the Criminal Code of Canada.

In making this disposition, we have considered the evidence before the Board at Mr. Li’s hearing, submissions by counsel, the evidence of Dr. S. Yaren and the victim impact statements filed in these proceedings, on June 1, 2009. We have also taken into consideration the need to protect the public from dangerous persons, the present mental condition of Mr. Li and his reintegration into society and his other needs.

Background

Mr. Li was required to appear for this hearing, having been found not criminally responsible on account of mental disorder in the Court of Queen’s Bench, Winnipeg, Manitoba on March 5, 2009 with respect to a charge of Second Degree Murder. After rendering the verdict, the presiding justice did not make a disposition but granted an extension of time to 90 days within which the Review Board is required to hold a hearing and make a disposition regarding Mr. Li.

The facts surrounding the index offence and those related to Mr. Li’s background and history are set out in the agreed statement of facts submitted by counsel in Mr. Li’s trial before the Honourable Justice Scurfield in the Manitoba Court of Queen’s Bench and the reports of Dr. Rootenberg, Dr. Robertson, and the several progress reports of Dr. Yaren prepared following Mr. Li’s incarceration and the direct evidence of the witnesses which also formed exhibits in this hearing. Those facts were not put in issue by the parties at this hearing. Continue reading Review Board: Vincent Li to be detained in custody… For Now