» 4o1s6s203q1 INTHE COURT OF QUEEN'S BENCH OF ALBERTA AUDICIAL CENTRE OF EDMONTON BETWEEN: HER MAJESTY THE QUEEN a, eee Gy KIRSTEN MICHELLE Lame, Count 1: That she, between the 27 day of November, 2010, and the 26" day of Matember, 2010, both detes inclusive at te nae Edmonton, Alberta, ld manteay set8e, the death of Sandra Darang tars thereby committing ‘manslaughter, contrary to section 236(0) ofthe Ginna of Canada, INTRODUCTION Goat, Sardra was 48 years old. She lved alone wth her dog, Rowdy, at 10816 52nd Street, Edmonton, Alberta (the “Home. November 27, 2010,J 3. The Accused is Kieton Michelle LAMB, also known as Kirsten Michelle LAMB THRONDSON, date of bith June 18, 1983 the “Accusec"). The Accused was 27 years ‘ld in Novernber, 2010, 4. In November, 2010, the Accused tied in Rosalind, Alberta with her three young daughters. The Accused, at that ime, had full custody of her daughters, while their father, (Christopher Myers "Christopher, had access to the chien, 5. Sandra was the Accused's mother. The relationship betveen Sandra and the Accused was a negative one. The Accusects sister described Sandra as being abusive to both of hher daughters when they were young. She observed her mother to have a very bad temper. 6. Sancra left the family when the Accused was 4 years of age. After Sandra left, the ‘Acoused was ralsed primarily by her father, Gary Throndson, and a nenny unt! age 9, When the Accused was years old, her father suffered an aneurysm and became dlsabled. The Accused and her younger sister, Jil Felzien, moved in with thelr paternal ‘grandmother, 7. When she was 14 years old, the Accused was placed Intoa group home and then with a fosterfamiy, before moving in with Sandra at age 15. The Accused moved out of Sandra's home in 2004, at which time she moved in immediately wth Christopher. 8. On several occasions prior to November, 2010, the Accused had expressed to her friends and family strong feelings of anger and resentment towards Sandra. The two did not see ‘each other offen between the time that the Accused moved out of Sandra's home in 2004 ‘and November, 2010, ‘THE OFFENCE 9. Inthe early evening of November 26, 2010, the Accused, aosompanied by a fiend, Jordan Uebl (“Jordan”), dropped her daughters off with Christopher in Edmonton. Afier dropping ‘them olf, the Accused spent the evening with Jordan. They stopped ata bar in Edmonton ‘and retuned to Jordan's home near Camrose, Alberta, The Accused retumed to her home ln Rosalind early on the morning of November 27 2@ 10. Between the late evening hours of November 27, 2010, and the early moming hours of November 28, 2010 (the “Offence Date"), the Accused drove to Sandra Lamb's Home, ‘She did not contact Sandra ahead of ime to adviee her that she would be attending at he Home. The Accused knew that Sandra lived alone, ‘11. When the Accused arrived in Sandra's neighbourhood, she parked her vehicle north of ‘the Home, along 108A Avenue. The Accused then went down the back alley towerds the Home, entered the baciyard and went up the stairs leading tothe back door. 12, Sandra was home alone when the Accused attended at her residence on the Offence Date. The Accused wasietinto the Home through the back door. Once inside, « physical altercation betwoon Sandra and the Accused ensued. 18, The altercation began in the kitchen ofthe Home located on the main floor. it continued down the basement sta, along a short hallway n he basement, and ended in the laundry oom ~ also located in the basement. 14. During the altercation, the Accused struck Sandra multiple mes with a hammer. These ‘blows resulted in Sandra's blood spattering the walls and floor of the kitchen, basement hallway, and laundry room. The Accused's blood was also present In these areas: ‘although in much less frequency and volume than that of Sandra's, 18.When the Accused and Sandra reached the laundry room, Sandra fell to her back on the floor. While Sandra lay on the ground the Accused struck her repeatedly in the face and head with the hammer. 16. The hammer blows inficted by the Accused caused extensive bruising, abrasions and lacerations to Sandra's face and scalp and other areas of her body, as well as multiple depressed skull and jaw fractures, and injuries to her braln. The blows to Sandra's head ‘and face were so forceful and severe that places of Sandra's teeth, skull, and tssue were located on the floor beside her body by police when they arived at the Home.17. After striking Sancra wth the hammer, the Accused began to out Sandra's neck with a ‘knife. Based upon the forensic evidence, it appears Ikely that Sendra died from the Injuries to her head and face prior to the Accused cutting her neck. The multiple knife ‘wounds inflicted by the Accused extensively severed the soft tissues and blood vessels of ‘Sandra's nck right through to the vertebrae — causing, in respect of one vertebra, a ‘groove mark Into the bone Its 18. The Accused left the Home by the back door and walked up the back alley o her vehicle. ‘The Acoused took both the hammer and the knife with her when she left the Home. 19. The Accused then re-entered her vehicle and drave to her home in Rosalind, a distance (of approximately 140 kilometers from the Home. 20. At no time elther before or after leaving the Home did the Accused seek any kind of ‘sistance for Sandra. 21. Upon retuming to her tome in Rosalind, the Accused dlsposed of the hammer and the {ene that she had used during the commission of the offence, She dleposed of the clothing ‘she had been weering when she kiled Sandra, The Accused also clesned the bloodstains from her vehicle. During the Investigation Into Sandra's murder, police di net looate the ‘hammer used to kil Sandra, the knife used to cut Sandra's neck, or the Accused's bloodstained clothing. +22. After the Offence Date, he Accused continued to care for her daughters; she talked with friends and family; she spent Christmas with Jordan Lieb and his family; and, she attended Sandra's funeral, POLICE INVESTIGATION, 23, On November 28, 2010, Sandra's neighbour, Mike Synowee, was outside his residence ‘when he noticed that Sandra's dog, Rowdy, appeared to be unusually oud and distressed. Inside the Home. He attended at the Home and saw blood on the back door. At that time, he called police who attended shortly thereafter.24, When police arrived, they searched the Home and discovered Sandra's body in the laundry room. When they found her, Sandra was laying on her back on the floor, Her face was unrecognizable due to the extensive damage caused by the hammer blows. ‘There was a signficant volume of blood surrounding her body. 25. police began the investigation, during which time they selzed numerous blood and hit ‘samples from the Home and from Sandra's body, in particular strands of heir that were found on Sandra's arms and hands (the “Samples”). Many of the Samples were sent for DNA Testing 26. The DNA test results conducted on the Samples confirmed that the blood found in the Home belonged to Sandra and the Accused, and thatthe strands of hair found on Sandra's ‘arms and in her hands belonged to the Accused. 27..On December 1, 2010, an autopsy was completed by Dr, Ray Rivera [TAB 1]. The autopsy revealed the following Injuries: ‘2. 36 distin Injuries to the face and scalp, Including multiple lacerations and ‘associated deep tissue brulsing; Multiple depressed skull fractures and associated lacerations ofthe bran; 6. Multiple bruises and abrasions scattered over the chest, left upper back right ‘lank, upper arms, forearms, hands, knoes and lower legs, and lacerations of the right forearm; 4. Sharp force injures of the neck measuring $2 om at the greatest length, Speciicaly intersecting and overlapping incisions of the neck with associated ‘complete transection ofthe soft issues, blood vessels, larynx and pharynx: ‘2. Crushinginjuries causing deformation of the head and face: f. The right haf ofthe Imrd palate and Its associated teeth were missing from the mouth; (9. Bruises end abrasions consistent with defensive injures on the forearms. Dr. Rivera concluded that Sandra died as a result of blunt cranial trauma. It ls admitted ‘that he Accused inflicted all ofthe injuries to Sandra's body observed at autopsy, and that those injuries cavsed Sandra's death,b 228. toxology report was also completed with respect to Sandra. It was negative for tho @ presence of alcohol (Le. ethanol) or other drug within he blood 28. Photos were taken at the scene and the autopey [TAB #2]. 30.0n December 28, 2010, members of the Edmonton Police Service attended at the: ‘Accused's home in Rosalind, Alberta, and arrested her for the murder of Sandra Lam; ‘ACCUSED: HISTORY OF MENTAL HEALTH 31. Priorto the Offence Date, the Accused's family members observed the following changes. to the Accused's personally: 2 Hor seltcare, persona hyglene end grooming deteriorated; 3. Her care for her children dedned. For example, Christopher observed thet stip of hair had been shaved fo he head of one ofthe young daughters, who tld him thatthe Accused had euther hak. In adlon the Accused told that she had allowed te cidren to pay with raw egg on the chen flor and had not ®@ cleaned up afterwards. 6. She stopped malniaring the cleanness of her home. Christopher observed that on his sis to her residence kt was begining to smo 4. She became socially withdraw; (One of the Accused's daughters reported to a family member that the Accused ‘sometimes told her she had to lle down “to get the monsters out of her head. ‘82, When police executed a search warrant on the Accused’s home In December, 2010, they: located a journal written by the Accused. The journal contained undated entries writen Prior‘ the Offence Date that reflected disordered thoughts and delusions. ‘33. The Accused's medical records indicate that shortly after her aval at the Edmonton Remand Centre ("ERC") in December, 2010, she began disslaying delusional bells Including grandiose delusions. She was observed by ERC Staff, on more than one ‘cccasion, kicking, screaming, and taking to hersel.34.0n December 18, 2013, due to the Increasingly unusual behaviour the Accused was ‘exhibiting and following a brief psychiatric assessment et ERC, the Accused was ‘transferred frem ERC to Alberta Hospital Edmonton ("AHE") for a finess assessment to bbe conducted 36. In his assessment report dated January 10, 2014, Dr. Vjay Singh, a forensic psychiatrist ‘employed at AHE, diagnosed the Accused as “lordly psychotic, delusional and thought disordered” 36. A fitness hearing was held before Madam Justice Read of the Court of Queen's Bench of, ‘Alberta, siting with a jury, pursuant to s. 672.26 ofthe Criminal Code between April 27* ‘and 30", 2014, Atthat time, there was a divergence of opinion among the clinical staff at AHE concemhg the possibly ofthe Accused maingering. The Accused was found fio stand trial on April 30, 2014, ‘37, Subsequently, in June, 2014, Dr. Roger Brown, a forensic psychiatrist employed at AME, ‘assumed care for the Accused. In a court-ordered fines assesement report dated July 223, 2014, Dr. Brown diagnosed the Accused with “Schizophrenia First Episode, currently In Acute Phase.” 38. In the summer of 2014, the Accused was certifed under the provisions of the Mental Health Act as not competent to make treatment decisions, She remains certfied atthe Present time. 39. At the time D'. Brown assumed her care in June, 2074, the Accused was pregnant and ‘could not be treated with anti-psychotic medication. The Acoused had not previously been treated with ant-psychotic medication. 40. As @resuit of ongoing mental health concerns and the content of Dr. Brown's report dated July 23, 2014 a second fitness hearing was conducted before Madam Justice Read, with ‘ jury, between September 8" and 10th, 2014. On September 10, 2014, the jury found the ‘Accused unftto stand trale 41. Following delery of her chiki in mid-November, 2014, the Accused agreed to begin ‘reatment with ant-peychotic medication, She began this treatment in early December, 2014, ‘42, On February 17, 2016, the Alberta Review Board found the Accused wes, t that time, ft to stand tral, and the Board cirected that she be returned before this Honourable Court. 43, On February 3, 2016, a finess hearing was held before Mr. Justice Belz, witha jury. The ‘Accused was found fi to stand tral at that time. 44. Beginning In September, 2015, three court-ordered expert reports have been prepared ‘with respect to the esue of the Accused's criminal responsiblity, pursuant fo s. 16 of the Criminal Code: ‘2. A report dated September 9, 2015 and prepared by Dr. Roger Brown; . A report dated August 14, 2016, and prepared by Dr. Andrew Haag, a dlnical Psychcogist employed by AHE: and ©. A report dated October 4, 2016, and prepared by Dr. Peter Rodd, a forensic Psychiatrist employed by Forensic Assessment and Community Services. 45. Dr. Brown and Dr. Haay formed the opinion that on the Orlence Date, the Accused was, suffering from schizophrenia. In ther opinion, the symptoms outlined above in paragraphs 31 and 32 are consistent with the onset of schizophrenia. Itis admitted that the Accused ‘suffered from schizophrenia on the Offence Date. 48. The writers of al three reports outined in paragraph 44 came to the opinion that the ‘Accused was, at the time of the offence, not incapable of appreciating the nature and {uality of her acts and of knowing that they were wrong as a result ofa mental dscrder, 47. Notwithstanding that the Accused does not meet the legal test to be found not criminally responsible by reason of mental disorder, itis adritted that on the Offence Date when the ‘Acoused killed Sandra Lamb, her mental disorder impaired her ablity to form the szectic Intent to kil Sandra or to cause Sandra serious bodily harm that the Accused knew was Ukely to cause coath,@ oO 48. The Accused's curent mental health status affects hor ability to accurately recall the ‘events that occurred at the Home on the Offence Date. The procioe sequence of events leading up to, and including, the altercation cannot be determined, The Crown has not proven that the Accused attended at the Home with the intent to kill Sandra or cause ‘serious bocily harm thatthe Accused knew was Ikely to cause death, nor has the Crown Proven thet the Accused formed thet intent after ariving atthe Home, 49, The Accused acknowledges that all ofthe facts as set out In the above-noted paragraphs Of this Agreed Statement of Facts are true. 50. The events that constitute tne elements of this offence took place In Edmonton, Alberta, Itis acknowledged by the Accused thatthe facts set out above constitute the elements ofthe ‘offence under Section 236(b) othe Criminal Code of Canada. DATED at the City of Edmonton, inthe Province of Alberta this fay of January, 2017. Keely ral dtud-Arrcrrclaon. DBNIELLE GREEN KIRSTEN MICHELLE LAMB cutor Acous \TTHEW GRIENER, MONA; c. Grown Prosecutor ‘Counsel for the Accused Criminal Code, s. 606 (606(1.1) A court may accert a plea of gulty only iit ls satisfied thatthe acoused (a) is making the plea voluntary and (0) understands (that the glea fs an admission of the essential elements of the offence, (@) the nature and consequences of the plea, and (ll) hat the courtis nat bound by any agreement made between the ‘accused and the prosecutor. | acknowledge having been fully advised of this by my counsel: KIRSTEN MICHELLE LAMB