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The Supreme Court of Canada dealt with the issue of whether sleepwalking should be classified as non-insane automatism resulting in an acquittal or as a "disease of the mind" (insane automatism), giving rise to the special verdict of not guilty by reason of insanity.

The issue for the jury is one of fact: did the accused suffer from or experience the alleged condition at the relevant time?

The question of law at issue here, given that the accused laid the proper foundation for the defence of automatism, was whether sleepwalking should be classified as non‑insane automatism or a disease of the mind, thereby leaving only the defence of insanity for the accused.

Criminal Code

Actus Reus

Section 19

19 (3)everyone is presumed to be and to have been sane until the contrary is proved.

Legal Issues

Defence used by Parks

The defense of automatism require the proof of insanity. If the accused pleads automatism, the Crown is entitled to raise the issue of insanity, but must then bear the burden of proving that the condition in question stems from a disease of the mind.

Majority Decision

A Latin phrase meaning "a wrongful deed"; the physical or guilty act, omission, or state of being that constitutes a crime

The action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused.

Mens Rea

  • Parks pleaded not guilty with the defense of non-insane automatism stating that at the time the incidents took place he was sleepwalking.
  • The trial judge chose to put only the defence of automatism to the jury, which first acquitted the respondent of first degree murder and then of second degree murder and then the attempted murder charges
  • The jury was convinced after it was proved that Parks was asleep during the crime.
  • This was proven through the fact that he had surrendered himself immediately after gaining consciousness, he showed no pain, and the medical evidence showed high levels of brain activity while Parks was in deep sleep.
  • Parks did not suffer from any mental disease (internal factor), but rather the external factors of stress, personal problems, and sleep issues.

Reference to the Criminal Code

  • Jury ruled that Kenneth James Parks was not guilty.
  • The defense used was non-insane automatism.
  • Parks was not subject to and did not suffer from a "disease of the mind" and he was indeed sleepwalking at the time of the crime. He was unaware and sleeping at the time the crime was committed.
  • There is no evidence of a recurrence of sleepwalking causing a similar outcome.
  • Kenneth James Parks walked out of court as a guilty free and blame free man.

A Latin phrase meaning "a guilty mind"; the mental element of one's criminal actions. It is known as criminal intent. The state of mind indicating culpability which is required by statue as an element of a crime.

Section 16 - Defence of mental disorder

Automatism

16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

Insane Automatism:

Levels Of Mens Rea

Game: Quiz

Kenneth was not criminally responsible for his act, that was committed while suffering because he was incapable of knowing that it was a wrongful act at the time the crime was committed.

A state of temporary insanity. A complete defense absolving the defendant of all criminal liability, where their actions can be said to be involuntary.

Non-Insane Automatism

  • Intent: A person undertakes their action either intending for, or hoping that, a certain result will follow.
  • Knowledge: A person acts knowingly if he is aware that his conduct will cause a specific result.
  • Recklessness: Involves consciously taking an unjustifiable risk with the safety or property of others that a reasonable person would not take.
  • Negligence: An idea, belief, or emotion that impels a person to act in accordance with that state of mind.

A physical blow to the body or existing meidcal condition triggers a state of automatism. A defense where the defendant is found to be insane, and the jury is directed to give the special verdict of "not guilty by the reason of insanity".

1.) What were the event that had occurred?

2.)What criminal act(s) what parks charged with?

3.) What was Kenneth James Parks presumed to have been doing during the time of the crime?

4.) What was the defense of R.V. Parks?

5.) What was Parks found guilty for?

Kenneth James Parks Today

  • After the trial, he was placed on medication for his sleepwalking, and never had another occurrence of homicidal sleepwalking or act of of a murder crime while presumed sleepwalking.
  • In 2006 he ran for school trustee for the Durham School Board, but lost.
  • His wife filed for divorce and he lost custody of all of his children.
  • Parks is the father of 6 children today

Facts of the Case: the Charges

Conclusion

  • Parks was charged on the account of the first degree murder of his mother-in-law
  • He was also charged with attempted murder of his father-in-law, with the defense of automatism

Impact on Society

This case is able to educate people of the society about various psychological or neurological conditions that people experience. It is able to show that certain conditions can cause individuals to commit serious and dangerous crimes without the individual being fully conscious, aware, and in control of their actions. This opens a new entire field of defenses and or causes of crimes that society and communities are able to acknowledge, digest, and be aware of.

Background Information

Kenneth James Parks

  • He was 23 year-old married man, with an infant daughter at the time.
  • Barbra Ann and Denis Woods were his mother and father in-law, whom he had a strong and desirable relationship with.
  • The year prior to the crime life was particularly stressful for the respondent. His job as a project coordinator for Revere Electric required him to work ten hours a day. but had recently fell into deep financial problems.
  • He had an upcoming trial, after stealing $30000 from his employer.
  • First time sleepwalking was proven as an event or case automatism,
  • First occurrence where the defense of automatism was successfully used in Canadian court.
  • Mens rea or a “disease of the mind” was not present in Kenneth James Parks' case
  • Kenneth James Parks was put on medication and never had or experienced a reoccurrence of murder crime while sleepwalking ever again.
  • He walked out of court as a free man, with no blame or guilt and as of the present moment, he still remains a free man

Facts of the Case: Events

Facts of the Case: Defense

  • To reveal his financial situation he had a family BBQ on May 27.
  • Parks had a deep family history of sleep problems.
  • Kenneth James Parks was a deep sleeper, and a sleepwalker, but he was also drowsy from the lack of sleep during the 48 hours prior to the incident.
  • Kenneth James Parks got dressed, and drove 23 km to his in-laws home.
  • He entered the home of his parents in law, chocked his father-in-law, beat up his mother-in-law and stabbed them both repeatedly.
  • Respondent attacked his parents in-law, killing one and seriously injuring the other.
  • The incident occurred at their home 23 km from respondent's residence, during the night while they were both asleep in bed.
  • Immediately after the incident, the respondent went to a nearby police station, driving his own car, and told them what he had done
  • Parks went to the police station and claimed :
  • 1.) Respondent claimed to have been sleepwalking throughout the incident.
  • At the trial respondent presented a defence of automatism.
  • The Crown upheld the acquittal after the evidence presented reasonable doubt that Parks acted voluntarily.
  • This evidence was that respondent was sleepwalking and that sleepwalking is not a neurological, psychiatric or other illness.
  • The Supreme Court of Canada dealt with the issue of whether sleepwalking should be classified as non-insane automatism resulting in an acquittal or as a "disease of the mind" (insane automatism), giving rise to the special verdict of not guilty by reason of insanity.
  • The issue for the jury is one of fact: did the accused suffer from or experience the alleged condition at the relevant time?
  • The question of law at issue here, given that the accused laid the proper foundation for the defence of automatism, was whether sleepwalking should be classified as non‑insane automatism or a disease of the mind, thereby leaving only the defence of insanity for the accused.

Impact on Canadian Law

Impact on Canadian Law

Kenneth James Parks stated :

“I just killed someone with my bare hands; Oh my God, I just killed someone; I've just killed two people; My God, I've just killed two people with my hands; My God, I've just killed two people. My hands; I just killed two people. I killed them; I just killed two people; I've just killed my mother and father in law. I stabbed and beat them to death. It's all my fault.”

This case has significant impact on Canadian law because it defined the condition of sleepwalking and if it could be used as a defense of insanity. This case marked the first time where sleepwalking was proven as automatism and where automatism was successfully used as a defense in court. This case showed that conditions or states in which an individual is proven to have no control over their bodies can be proven as a defense for crimes as a state of insanity in reference to section 19 subsection 3 of the criminal code.

Impact on Community and Society

R. V. Parks Case Introduction

Case Details

Facts of the Case: What was Discovered

Today's day in age, in the 21st century, it seems that acts of crime are taken more seriously with more severe and harsh punishment. First degree murder, the act of plotting and planning to murder an individual is an indictable offense with a sentence of life imprisonment. Kenneth James Parks was charged with first degree murder for the murder of his mother-in-law and charged with attempted murder for the attempted murder of his father-in-law while claiming to have sleepwalked through the incident. However , as with life being filled with many mistakes so are some convictions. Today we will be diving into the R.V. Parks case and analyzing the facts of the case, legal issues, and the final majority decision. We will determine if sleep walking is or is not a condition of non-insane automatism resulting in an acquittal or as a "disease of the mind" (insane automatism) giving rise to the special verdict of not guilty by reason of insanity. What defense was used by Kenneth James? Was Kenneth James found guilty or not guilty? Was the act a planned crime, an act of passion, or simply an outcome of an underlying condition.

  • Parks was shaking and distressed at the police station, but did not feel or show any pain.
  • A series of psychological tests were performed on him, which proved that Kenneth had some abnormal brain activity during deep sleep.
  • It was aware that he had always been a deep sleeper and had a great deal of trouble waking up.
  • Additionally, several members of his family suffer or have suffered from sleep problems such as sleepwalking, adult enuresis, nightmares and sleep talking.

THANKS FOR LISTENING!

The End :)

Collection: Supreme Court Judgments

Date: 1992-08-27

Report: [1992] 2 SCR 871

Case number: 22073

Judges: Lamer, Antonio; La Forest, Gérard V.;

L'Heureux-Dubé, Claire; Sopinka, John;

Gonthier, Charles Doherty; Cory, Peter

deCarteret; McLachlin, Beverley;

Stevenson, William; Iacobucci, Frank

On appeal from: Ontario

Subjects: Criminal law

The R. V. Parks Case

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