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Case study: R. V. Warsing

Emma Peters

Law 120

Mrs. Ramirez

Summary of events

summary of events

- In 1995, the accused, Kristian Warsing, was charged and initially convicted by jury for the murders of his stepbrother (Stuart, aged seven), stepsister (Shannon, aged seven months) and the attempted murder of his stepmother (Debora).

- Over the course of several hours, the accused harassed, restrained, and brutally beat the stepmother while making a number of odd declarations that were used as evidence... such as; "It's amazing how much damage an ice pick could do." and "It'll be over in a few hours."

-Prior to Trial, the accused was remanded to a mental health institution and examined by several psychiatrists.

- They diagnosed him as having a “Manic Depressive Disorder” otherwise known as “Bipolar Affective Disorder”

-The question remained of whether he possesed the capacity to rationally decide if the crime was "right or wrong"

-The bodies were discovered by the police on the living room floor. Each child had been strangled by being wrapped in a long plastic locking knot. There were no additional obvious wounds. Each body was covered with a sheet before being fastened between other sheets. Both were concealed by a quilt or blanket as well; they were not discovered until after the police had searched the house.

Crime scene

The accused

- The accused, Kristian Warsing, lived in a townhouse in Sparwood, British Columbia, with his stepmother, Debora Warsing and his step-siblings.

-His parents separated in 1981 (aged six)

-His mother left him with his father and stepmother

-His father was rarley home

-His homelife was chaotic and he grew up in an unpredictable household

-The category of the offence was an indictable offence, due to the fact that it was two counts of second-degree murder and one count of attempted murder. The punishment for the accused if convicted was life imprisonment.

Category of the offence and punishments

Mens Rea Indicators

The main question discussed at Trial was whether or not the accused possessed the capacity to "rationally decide" whether the acts were "right or wrong". During a psychiatric assessment prior to Trial, experts diagnosed the accused as having "Bipolar Affective Disorder" at the time of the offences and concluded he should not be found criminally responsible due to his mental disorder. He was convicted on all counts by a Jury at Trial. The accused appealed his convictions, requesting that psychiatric evidence be admitted as new evidence in a new trial, and a request for a new trial was granted. The Crown appeald and the Supreme Court dismissed the appeal. A second Trial was ordered.

The Accused was again admitted to a mental health facility where he was evaluated by several psychiatrists. One of them identified him as having manic-depressive disorder and came to the conclusion that he was suffering with it at the time of the crimes and should be found not criminally responsible on account of mental disorder (NCRMD). The accused submitted a second request to the Court of Appeal seeking admission of the psychiatrist's expert testimony as new evidence of the NCRMD defence.

Judgement in the case

The Accused had faced two counts of first-degree murder and one count of attempted murder at the original trial, which was held in the fall of 1995.

-The case that arose from the incidents happened on May 27, 1994, when the accused was almost 19 years old.

-The second trial was conducted without a jury in front of a Judge in February 2000, and on March 2, 2002 Warsing was found guilty on all counts.

-Warsing was sentenced to life in prison on the count of two counts of second-degree murder and one count of attempted murder, with no chance of parole for 13 years.

The Court of Appeal unanimously dismissed all appeals of the re-trial.

Trial overview

Character

The character of the Accused is not typically the subject of witness testimony unless it has significant bearing on the case. It was a subject in this case and his family and peers testified.

The impression was of a quiet, intelligent, and thoughtful young man. It was claimed that he was more introverted compaired to others around him and frequently read in his room. Despite this, he maintained a small group of friends during his time at school. The accused frequently took care of his younger sibilings and played with the younger boys. He had never used physical force against them or anybody else.

Conclusion

-The accused was found Guilty of the crimes committed.The trial judge came to the conclusion that the appellant was capable of forming the appropriate intent to be found guilty of the crimes of second-degree murder of his siblings and the attempted murder of his stepmother on May 27, 1994, despite the mental condition he was experiencing at the time.

Sources

Case Transcript: https://www.canlii.org/en/ca/scc/doc/1998/1998canlii775/1998canlii775.html?autocompleteStr=R.%20V.%20Warsing&autocompletePos=1

Second case transcript: https://www.canlii.org/en/bc/bcsc/doc/2000/2000bcsc388/2000bcsc388.html

Appeal transcript: https://www.canlii.org/en/bc/bcca/doc/1997/1997canlii12527/1997canlii12527.html?autocompleteStr=R.%20V.%20Warsing%20&autocompletePos=2

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