Determination that accused not criminally responsible could not be sustained

Ontario criminal | Appeal

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.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Information and Privacy Commissioner calls for retention of public input in Policing Act amendments

Ontario Superior Court confirms party’s entitlement to broad medical and rehabilitation benefits

Ontario Court of Appeal upholds estate's right to full range of damages in a vehicle accident case

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Most Read Articles

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers