Ontario Criminal


Defences

INSANITY
No error in jury charge on NCR defence in murder trial

Accused charged with two counts of first-degree murder. Accused drowned her two young daughters. Defence position was that accused was driven by psychotic delusions and not criminally responsible due to mental disorder (“NCR”). Defence expert testified that accused believed her actions were necessary to protect children from estranged husband. Crown expert testified that accused was motivated by anger at her husband and understood her actions were morally wrong. Appeal from convictions dismissed. Charge to jury on standard to apply contained no error. Charge correctly told jury that issue was whether accused was incapable of knowing her actions were contrary to society’s morality.  

R. v. Campione (Feb. 2, 2015, Ont. C.A., R.A. Blair J.A., S.E. Pepall J.A., and P. Lauwers J.A., File No. CA C54939) 121 W.C.B. (2d) 131.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Law Times reports that the Correctional Service Canada has been found to be negligent in the severe beating of an inmate. Do you think inmate safety at jails and prisons needs significant improvement?
RESULTS ❯