IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Monfort, 2018 BCSC 1436 Date: 20180618 Docket: 51667-2 Registry: Vernon Regina v. Angelo Gabriel Monfort Before: The Honourable Mr. Justice Cole Oral Reasons for Judgment Counsel for the Crown: D.A. Drissell Counsel for the Accused: G.A. Verdurmen Place and Date of Hearing: Vernon, B.C. June 18, 2018 Place and Date of Judgment: Vernon, B.C.

June 18, 2018 [ 1 ] THE COURT: The accused Angelo Gabriel Monfort, on or about the 20th of June, 2017, at or near Vernon in the province of British Columbia, did commit second degree murder of Regina Fernandez contrary to s. 229 of the Criminal Code .

There is an agreed statement of facts that has been filed and marked Exhibit 1 in these proceedings and consequently, as a result of that evidence, I am satisfied under s. 672.34 that the accused committed the offence as charged. [ 2 ] In respect to the second issue, and that is whether the accused is not criminally responsible on account of a mental disorder, there was a psychiatric assessment that was ordered by this Court. The report was filed March 28, 2018, and on page 10 the recommendations as found by the psychiatrist are as follows: It is my respectful opinion that, on a balance of probabilities, Mr.

Monfort does meet the criteria for a finding that the Accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility. [ 3 ] I am satisfied, therefore, that he is not criminally responsible on account of that mental disorder and pursuant to s. 672.45(1.1) I am ordering that the original or copies of the court proceedings in respect to the accused and any other documents or information relating to the proceedings, and all exhibits filed, be sent without delay to the Review Board, who has jurisdiction in respect to this matter. [ 4 ] MR.

VERDURMEN: That includes a transcript, My Lord? [ 5 ] THE COURT: Yes. [ 6 ] MR. VERDURMEN: Oh, thank you. [ 7 ] THE COURT: Yes. Yes, it says any transcript of the court proceedings in respect of the accused. Yes. [ 8 ] MS. DRISSELL: And Mr. Monfort will remain in custody to the Review Board. [ 9 ] THE COURT: Yes. [ 10 ] MS. DRISSELL: Yes. Thank you. The Honourable Mr. Justice F.W. Cole