Hyperlawhypertext legal database Rabey v. R. [1980] 2 SCR 513

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Rabey v. R.

[1980] 2 SCR 513 Court SCC Decision date 1980-07-18 English

PartiesWayne Kenneth Rabey (Plaintiff) Appellant·Her Majesty The Queen (Defendant) Respondent

Counsel (4)
Michael A. Wadsworth, for the appellant.
Douglas C. Hunt, for the respondent.
Solicitor for the appellant: Michael A. Wadsworth, Toronto.
Solicitor for the respondent: The Attorney General of Ontario, Toronto.

Judges Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers

Delivered by Majority

On appeal from Ontario

Subjects Criminal law

Contents

The judgment of Martland, Ritchie, Pigeon and Beetz JJ. was delivered by

The reasons of Dickson, Estey and Mclntyre JJ. were delivered by

There must be no disease of the mind, Bratty v. Attorney-General. In this case both psychiatrists have given as their opinion that at the time of the event the appellant was not suffering from any disease of the mind and no evidence was led to indicate that he was so suffering, other than Dr. Rowsell’s opinion that if he were in a dissociative state, it would be a disease of the mind.
The condition must not arise as a result of some pre-existing pathological condition or disease. Both doctors agreed there was none.
The condition must not be attributable to some self-advanced incapacity, such as the consumption of liquor. The only self-advanced incapacity conceivable was the taking of the letter, and I do not believe the consequences thereof could have been foreseen.
The condition could not have been reasonably foreseen as the result of a particular act of omission or commission.
According to Lord Denning, a disease of the mind is any mental disorder which has manifested itself in violence and is prone to recur. The opinion of Dr. Orchard was that in so far as there can be any certainty in medicine the state will not recur. This is

Footnotes

  1. [1] (1977), 17 O.R. (2d) 1, 40 C.R.N.S. 46, 37 C.C.C. (2d) 461, 79 D.L.R. (3d) 414.
  2. [2] (1970), 3 C.C.C. (2d) 84.
  3. [3] [1963] A.C. 386.
  4. [4] [1956] 3 All E.R. 249.
  5. [5] [1958] N.Z.L.R. 999.
  6. [6] (1970), 3 C.C.C. (2d) 84.
  7. [7] [1974] S.C.R. 449, aff, g. (1971), 5 C.C.C. (2d) 11 (Sask. C.A.).
  8. [8] [1980] 1 S.C.R. 1149.
  9. [9] [1963] A.C. 386.
  10. [10] [1955] 1 All E.R. 859.
  11. [11] [1958] 1 Q.B. 277.
  12. [12] [1959] V.R. 105.
  13. [13] (1933), 55 C.L.R. 182.
  14. [14] (1957), 75 W.N. (N.S.W.) 66.
  15. [15] [1960] Queensland L.R. 406.
  16. [16] [1957] 2 Q.B. 391.
  17. [17] [1962] 2 All E.R. 868.
  18. [18] [1959] Crim. L.R. 660.
  19. [19] (1973), 57 Cr. App. R. 722.
  20. [20] (1951), 101 C.C.C. 375.
  21. [21] (1955), 112 C.C.C. 29 (Sask. C.A.).
  22. [22] (1966), 57 D.L.R. (2d) 332.
  23. [23] [1964] S.C.R. 561.
  24. [24] (1974), 30 C.R.N.S. 65 (Ont. S.C.).
  25. [25] (1973), 14 C.C.C. (2d) 294 (Ont. Co. Ct.).
  26. [26] [1971] 1 Nfld. & P.E.I.R. 496.
  27. [27] (1975), 30 C.R.N.S. 56.
  28. [28] [1980] 1 S.C.R. 1149.
  29. [29] (1975), 27 C.C.C. (2d) 357.