Ontario Criminal


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


Subscribers get early and easy access to Law Times.

Law Times Poll

Law Times reports that there is no explicit rule that lawyers in Ontario must be competent in the use of technology. Do you think there should be explicit rules spelling out the expectations of lawyers’ in terms of tech use in their practice?