R. v. Barnes, 2005 BCCA 432

The appellant, Dwight William Barnes, among other counts, plead guilty to willfully and without lawful excuse, killing two cats, kept for a lawful purposes, contrary to Section 445(a) of the Criminal Code.

The appellant is a 20 year-old aboriginal male who may suffer from Fetal Alcohol Syndrome, Fetal Alcohol Effects, or Neo-Natal Abstinence Syndrome. In his interview with the police the appellant admitted to stealing from the complainant, Ms. Tilsworth, and also to killing her two cats.

The appellant admitted he had beheaded the cats on two separate occasions, mutilated their bodies, and buried them. When dug up, their bodies were headless; one of the cats had a distended anus.

As a result of his arrest and guilty pleas the appellant underwent a series of psychiatric assessments. The sentencing judge recognized the disturbing aspects of the reports, the age of the offender, the offences with which he was charged, and finally concluded that the appellant should be sentenced to incarceration for a period of two years.

The appeal was dismissed as the judge found a well-grounded fear that the appellant remained fascinated by many forms of violent acts. He concluded that the appellant was dangerous to the community and upheld the sentencing judge’s decision.

Source: Case Law

Jurisdiction: British Columbia

Topics: aboriginalBeheadingcatcriminalImprisonmentkillingmental healthMutilation

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