RED DEER, Alta. –The case of a man whose conviction was overturned in the shooting of his brother is heading to Canada’s highest court.
The prosecutor’s office in Red Deer, Alta., says the Crown is seeking leave from the Supreme Court to appeal a decision that set aside a murder conviction against John Wayne Mock.
The Alberta Court of Appeal ruled last October that Mock was not criminally responsible in the death of his brother Timothy Mock.
John Mock admitted from the start that he shot his brother three times in their home in February 2012.
His defence was that he should not be held criminally responsible due to mental illness.
A jury convicted him in 2013 of second-degree murder and he was sentenced to life in prison, but the Appeal Court determined Mock was “actively ill.”