RED DEER, Alta. \u2013The case of a man whose conviction was overturned in the shooting of his brother is heading to Canada’s highest court.<\/p>\n
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.<\/p>\n
The Alberta Court of Appeal ruled last October that Mock was not criminally responsible in the death of his brother Timothy Mock.<\/p>\n
John Mock admitted from the start that he shot his brother three times in their home in February 2012.<\/p>\n
His defence was that he should not be held criminally responsible due to mental illness.<\/p>\n
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 \u201cactively ill.\u201d<\/p>\n
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