1992 Canadian Supreme Court decision on automatism
"Ken Parks" redirects here. For the 2002 film, see Ken Park.
R v Parks
Supreme Court of Canada
Hearing: 1992-01-27 Judgment: 1992-08-27
Full case name
Her Majesty The Queen v Kenneth James Parks
Citations
[1992] 2 S.C.R. 871
Docket No.
22073 [1]
Prior history
Court of Appeal for Ontario
Ruling
Appeal Dismissed
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
Reasons given
Majority
La Forest J, joined by L'Heureux‑Dubé J and Gonthier J
Concurrence
MacLachlin J, joined by Iacobucci J
Dissent
Lamer CJ, joined by Cory J
Stevenson J. took no part in the consideration or decision of the case.
Laws applied
Canadian Charter of Rights and Freedoms, ss. 1, 7, 11(b).
Justices of the Peace Act, 1361 (Eng.), 34 Edw. 3, c. 1.
R v Parks, [1992] 2 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence.[2]
On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario, to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire iron to bludgeon his mother-in-law to death. He then turned on his father-in-law, attempting unsuccessfully to choke him to death. Covered with blood, Parks got back in his car and drove straight to a nearby police station and confessed, turning himself in, stating "I think I have just killed two people."[3]
At trial, Parks argued that he was automatistic and not criminally liable. In his defence, a doctor testified as to his mental state at the time of the murder. From the doctor's evidence, it was determined that the accused was sleepwalking at the time of the incident, and that he was suffering from a disorder of sleep rather than neurological, psychiatric, or other illness. Five neurological experts also confirmed that he was sleepwalking during the time of the incident. The jury acquitted Parks.[4]
The issue before the Supreme Court was whether the condition of sleepwalking can be classified as non-insane automatism or should be classified as "disease of the mind" (i.e. mental disorder automatism) and warrant a verdict of not guilty for reason of insanity. This distinction is a matter of law and decided by the judge.[4]
^SCC Case Information - Docket 22073 Supreme Court of Canada
^Whitman, James Q. (2015). "Presumption of Innocence or Presumption of Mercy?: Weighing Two Western Modes of Justice" (PDF). SSRN Electronic Journal: 162. doi:10.2139/ssrn.2587092. ISSN 1556-5068.
^"Man Acquitted Of Sleepwalking Murder Running For School Trustee In Durham". CityNews. 2006-10-27. Retrieved 2022-09-18.
^ abCanada, Supreme Court of (2001-01-01). "Supreme Court of Canada - SCC Case Information - Search". scc-csc.lexum.com. Retrieved 2022-09-18.
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