Ontario Criminal


Appeal


Determination that accused not criminally responsible could not be sustained

FRESH EVIDENCE

Determination that accused not criminally responsible could not be sustained

Accused charged with robbery and possession of dangerous weapon. Accused approached couple in van and demanded money. When they refused he brandished large kitchen knife and stated that he had AIDS. Accused was determined to be fit to stand trial but incapable of knowing wrongfulness of his actions therefore not criminally responsible for his actions. Accused was detained and remanded to jurisdiction of Ontario Review Board. Accused appealed determination and sought to produce fresh evidence. Appeal granted. Diagnosis of mental illness was ruled out by accused’s treatment team and it was asserted that best fit for accused at time of offence was substance-induced psychosis. Determination that accused was not criminally responsible could not be sustained. Conviction should be entered and sentence of one day.

R. v. Evans (June 18, 2012, Ont. C.A., Laskin, Cronk and Pepall JJ.A., File No. C53599) 102 W.C.B. (2d) 95 (9 pp.).

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


An Ontario judge is once again calling on the provincial government to fix long waits at assessment offices. Do you think the province needs to step up its efforts to address these delays?
RESULTS ❯