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Accused found not criminally responsible for murder due to pre-existing delusional disorder despite heavy drug use.
The accused was charged with second degree murder after stabbing a stranger who was trying to help him.
The accused conceded he caused the death but raised the defence of not criminally responsible (NCR) on account of mental disorder under s. 16 of the Criminal Code.
The Crown argued the psychotic episode was solely substance-induced due to the accused's heavy drug use.
The court applied the holistic approach, considering the internal cause and continuing danger factors, and found the accused suffered from a pre-existing delusional disorder that was operative at the time of the offence.
The court concluded the accused lacked the capacity to know his act was morally wrong and rendered a verdict of not criminally responsible.
The accused was acquitted of theft as surveillance video and police recognition evidence failed to prove identity beyond a reasonable doubt.
The accused was charged with Theft under $5000 and Possession of Property Obtained by Crime for items stolen from two vehicles in a parking garage.
While the Crown established all elements of the offences except identity through surveillance video evidence, the court found that the identification evidence was insufficient to meet the criminal standard of proof beyond a reasonable doubt.
The surveillance video lacked sufficient clarity to identify the accused, and the constable's recognition evidence, based on limited prior contact, was unreliable.
The charges were dismissed and an acquittal was entered.
