Dis­po­si­tion awaits

Judge finds Dean Carl Chap­pell not crim­i­nally re­spon­si­ble

The Guardian (Charlottetown) - - NEWS - THE GUARDIAN

A judge ruled that a man with an ex­ten­sive crim­i­nal record was not crim­i­nally re­spon­si­ble for breach of pro­ba­tion fol­low­ing a spate of bizarre pub­lic be­hav­iour.

Pro­vin­cial court Judge John Dou­glas re­ferred Dean Carl Chap­pell to the Crim­i­nal Code Re­view Board for dis­po­si­tion.

The board must hold a hear­ing within 45 days.

Dou­glas or­dered Chap­pell de­tained at Hills­bor­ough Hos­pi­tal un­til the hear­ing.

The Crim­i­nal Code Re­view Board has three op­tions in deal­ing with Chap­pell: grant an ab­so­lute dis­charge which would set him free; grant con­di­tional dis­charge al­low­ing Chap­pell to live in the com­mu­nity or hos­pi­tal sub­ject to the con­di­tions and re­stric­tions set by the Re­view Board; de­tain him in cus­tody in a hos­pi­tal.

Chap­pell was ini­tially charged with breach of pro­ba­tion for a string of in­ci­dents that took place last year place be­tween Nov. 26 and Dec. 9, in­clud­ing nu­mer­ous cases of tres­pass­ing, ex­hibit­ing strange be­hav­iour in Mon­tague and scrub­bing his bare feet with a mop in the wash­room of a Char­lot­te­town bar.

Chap­pell had pleaded guilty to breach­ing pro­ba­tion and sought to con­test a psy­chi­atric as­sess­ment that de­ter­mined he was not crim­i­nally re­spon­si­ble for his ac­tions dur­ing that two-week pe­riod of bizarre be­hav­iour.

With his hands cuffed and legs shack­led, Chap­pell came to court Wed­nes­day dressed in a grey sweat­shirt and blue jeans, look­ing to con­vince Dou­glas of his crim­i­nal re­spon­si­bil­ity in the case.

Ap­pear­ing via video, foren­sic psy­chi­a­trist Dr. Grainne Neil­son told the court that af­ter as­sess­ing Chap­pell at the East Coast Foren­sic Hos­pi­tal in Nova Sco­tia, she con­cluded he has bipo­lar dis­or­der and per­son­al­ity dis­or­der.

She is also cer­tain Chap­pell had a men­tal dis­or­der dur­ing the pe­riod he breached pro­ba­tion. As a re­sult, he could not be held crim­i­nally re­spon­si­ble for his ac­tions.

Neil­son noted Chap­pell, who has a long crim­i­nal record, in­clud­ing armed rob­bery and as­sault­ing a peace of­fi­cer, at times ex­hibits acts of ag­gres­sion, ir­ri­ta­ble moods and in­creased en­ergy.

“He tends to be very ag­gres­sive to­wards prop­erty and some­times peo­ple,’’ Neil­son told the court.

She also de­ter­mined that Chap­pell is ca­pa­ble at times of “fake well­ness’’ when he is highly mo­ti­vated to be­have well.

Neil­son said Chap­pell lacks in­sight into his men­tal con­di­tion and can­not be trusted to take pre­scribed med­i­ca­tion on his own.

She notes Chap­pell has been hos­pi­tal­ized on nu­mer­ous oc­ca­sions where he had to be treated in­vol­un­tar­ily.

He is cur­rently tak­ing an­tipsy­chotic and anti-anx­i­ety med­i­ca­tion. Chap­pell told the court he felt he was ready to re­turn to the com­mu­nity.

“I’m feel­ing a lot bet­ter, yes I am,’’ he told the judge.

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