R v Puffer, 2014 ABQB 655

Court of Queen ’ s Bench of Alberta Citation: R v Puffer, 2014 ABQB 655 Date: 20141027 Docket: 130771595Q1 Registry: Calgary Between: Her Majesty the Queen Crown - and - Derek Kramer Puffer Accused _______________________________________________________ Reasons for Judgment of the Honourable Madam Justice K.M. Eidsvik _______________________________________________________ [ 1 ] Mr. Puffer was very ill on July 4, 2013. He heard voices commanding him to do a variety of irrational acts, including stabbing his mother and step-father, Donna and Bill Powers, while they slept.

He was then told to go to work, naked, so he walked outside some distance towards a bus stop where he was apprehended by caring police officers. [ 2 ] Mr. Puffer had no animosity against his mother and step-father. By all accounts they were loving and understanding parents. Mr. Puffer, 38 at the time, lived with them in their basement. [ 3 ] Mr. Puffer had been diagnosed with schizophrenia in 1995 and had been appropriately treated.

However, he went off of his medication and although he coped untreated, sometimes more poorly than others over the years, several months before this tragic event, his health deteriorated to the point that he was quite psychotic by July 2013.

[ 4 ] Mr. Puffer lost insight into his difficulties as he spiraled downward. His family did not recognise the seriousness of his illness as it progressed in order to get medical assistance. He had never shown any violent tendencies before. [ 5 ] Mr. Puffer was charged with the second degree murder of Donna and Bill Powers. After several assessments, and an opinion that he was fit to stand trial, I heard his trial on October 20 th, 2014. [ 6 ] Mr. Puffer did not dispute that the Crown had made out a prima facie case against him.

However, because of his severe illness at the time, he argues that he should not be found criminally responsible for these actions that he now so regrets. [ 7 ] The Crown did not really dispute that a finding of “not criminally responsible” would be appropriate in these circumstances. The Crown did the right thing. [ 8 ] The parties were represented by some of the best counsel in the City and the trial was conducted in an exemplary manner.

Extensive admissions were made at the outset about the autopsy findings, the cause of death and the murder weapon. [ 9 ] The Crown called four police officers who recounted the arrest and we watched video interviews of Mr. Puffer which clearly showed that Mr. Puffer was suffering from delusional behaviour on July 4, 2013. [ 10 ] Mr. Puffer testified. He is much better now after receiving excellent treatment from his doctors. He was able to recount his story in a relatively monotone emotionless way about how he became more and more sick and tired over several months, culminating around the time of the flood.

This led to commanding voices telling him that he had to stab his parents. He had no control. He was exhausted and wanted the voices to end. If he didn’t obey he felt that the voices would kill him through a chip implanted in his brain. [ 11 ] He had some distorted recollections of being told to stab his parents – he was commanded to do it so he did. He thought he was going to die. [ 12 ] The Crown did not cross examine Mr. Puffer. [ 13 ] I found Mr. Puffer’s evidence to be credible and believable. I am not the only one in that regard – the police and the doctors also found this.

The Crown did not argue otherwise. [ 14 ] Drs. Hashman and Santana, both very experienced forensic psychiatrists in the City of Calgary, testified. Dr. Hashman’s opinion was that Mr. Puffer presented with a ‘severe mental disorder of a psychotic type diagnosed as schizophrenia, multiple episodes, which was currently acute’. Mr. Puffer was in the top 1-2% of the most mentally ill people he has seen in his career. [ 15 ] Dr. Santana was also of the opinion that Mr. Puffer suffered from a full blown relapse of the schizophrenia that was diagnosed in Mr.

Puffer’s late teens. “His thought processes were distorted by his mental illness so as to render him incapable of knowing that his actions were wrong.” [ 16 ] Both psychiatrists agreed that Mr. Puffer qualifies for a defence of Not Criminally Responsible on account of Mental Disorder.” pursuant to s. 16 of the Criminal Code . There was some disagreement about whether Mr. Puffer “appreciated the nature and quality of his actions” but these are of little consequence in the end. My Job [ 17 ] My job as the trial judge is to determine if, on these facts, Mr.

Puffer has convinced me on a balance of probabilities that he: 1. Suffered from a mental disorder at the time of the fatal stabbing of Donna and Bill Powers. And, 2. That as a result of that disorder, he was incapable of appreciating the nature and quality of the stabbing or of knowing that it was wrong. [ 18 ] If I so find, then he will be found not criminally responsible for the deaths of Donna and Bill Powers. [ 19 ] This is not to say that Mr. Puffer does not feel responsible for his parents’ death. Indeed he does. I heard from Dr. Santana that after Mr.

Puffer recovered from his acute episode of his illness that he realised more concretely what he had done, and went into a major depression He is also now suffering from post-traumatic stress disorder as a result of the violent acts Mr. Puffer committed. [ 20 ] However legally, as Justice Lebel of the Supreme Court of Canada said so eloquently in R v Bourchard-Lebrun 2011 SCC 58 (at para 45 and 47 ) : According to a traditional fundamental principle of the common law, criminal responsibility can result only from the commission of a voluntary act.

This important principle is based on a recognition that it would be unfair in a democratic society to impose the consequences and stigma of criminal responsibility on an accused who did not voluntarily commit

an act that constitutes a criminal offence... An individual’s will is expressed through conscious control exerted by the individual over his body. [ 21 ] Here, Mr. Puffer had some realization that he had stabbed his parents when he was in his psychotic trance like state – indeed he told Cst Green this on his arrest – however, he had no conscious control over his actions and no sense at the time that it was morally wrong. He did not fully appreciate that he his parents were dead until he read their obituary.

[ 22 ] Mr. Puffer was possessed by voices who would kill him if he did not obey, and he was controlled by what he thought was an implanted brain chip. The stabbing was not done by the free will or conscious control of Mr. Puffer. As he said – he was not himself. [ 23 ] Mr. Puffer suffers from a mental disorder, schizophrenia, which in July 2014, was very severe and untreated. As Dr. Santana pointed out, schizophrenia is a treatable disorder but it is a life long one - like diabetes where a diabetic must take insulin to survive.

Only 1-3% of schizophrenics exhibit violent behaviour unless they also have a drug dependency issue. So by all accounts, Mr. Puffer is a very sad anomaly. [ 24 ] In my view, although Mr. Puffer was able to repeat to Cst Green that he had killed his parents, he had no appreciation of what he had done. I agree with the Defence that “appreciation” means more than simply “knowing” what one has done. Mr. Puffer had no control of his actions, no appreciation about what he was doing and did not know that it was wrong when he stabbed the Powers.

He has satisfied me on a balance of probabilities that his defence is sound. [ 25 ] As a result, I find that Mr. Puffer is not criminally responsible for the deaths of Donna and Bill Puffer as a result of his acute mental disorder. Disposition [ 26 ] Mr. Puffer is presently being treated by Dr. Santana and other health professionals at the Southern Alberta Forensic Psychiatry Centre. He has been there since his arrest other than a short time when he was held in remand. Pursuant to s. 672.54 (

c) of the Criminal Code I recommend that he remain in custody at this facility and that his case be heard by the Alberta Review Board within 45 days of this decision. Heard on the 20 th to the 24 th days of October, 2014. Dated at the City of Calgary, Alberta this 24 th day of October, 2014. K.M. Eidsvik J.C.Q.B.A. Appearances: Jonathan Hak Q.C. Tiffany Dwyer for the Crown Alain Hepner Q.C. Gloria Froese for the Accused