BRITISH COLUMBIA
Court of Appeal

BRITISH COLUMBIA - Court of Appeal: R. v. Synnuck [2005] B.C.J. No. 547 BCCA 155 

FACTS:  The accused was appealing a sentence of four years of imprisonment, which had previously been imposed for a series of offenses.  This appeal rested on the fact that the offender suffered from fetal alcohol syndrome and as such, he should only be held minimally responsible for the offenses.  More specifically, Synnuck sought a post-sentence report to be conducted regarding the possible effects of FAS on behaviour.  The Crown opposed the assessment because the limited capacities of the accused had already been presented before the sentencing judge.

HELD:  Despite the Crown's opposition, the leave was granted and a neurological assessment was  ordered. Dr. Art Gordon, director of the Regional Treatment Centre, Pacific Region was appointed to conduct the evaluation.  The objective of the assessment was to determine whether Synucck was a career criminal suffering from a personality disorder, or a person with disabilities of a psychological nature.