Amanda Kerry

The Ontario Review Board held an annual hearing to review the conditional discharge of an accused found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia and a mild intellectual disability, sought an absolute discharge.

The Hospital and the Attorney General recommended continuing the conditional discharge.

Applying the Winko framework, the Board accepted the psychiatric evidence that the accused's limited insight, residual psychosis, and need for 24-hour support meant he continued to pose a significant threat to public safety.

The Board ordered the continuation of the conditional discharge as the least onerous and least restrictive disposition.