No error in jury charge on NCR defence in murder trial

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.

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