Dr. A. McDonald

The offender was convicted after trial of aggravated assault for stabbing an unarmed man in the upper chest within two seconds of the start of a consensual fight.

The victim suffered a collapsed lung requiring hospitalization.

The offender had no prior criminal record at the time of the offence but had subsequent convictions for violent offences.

The sentencing hearing was protracted, involving psychiatric and psychological assessments that revealed significant intellectual deficits, personality disorders with antisocial and borderline features, and a moderately high risk of violent reoffending.

The court imposed a sentence below the typical range for such offences, considering the offender's rehabilitative potential, intellectual limitations, and family support.

The Crown sought an adjournment of a scheduled Not Criminally Responsible (NCR) hearing on the grounds that its key psychiatric witness, Dr. McDonald, was unavailable.

The court denied the adjournment, finding that the Crown had failed to exercise due diligence in securing the witness's attendance despite having known the hearing date for eight months.

The court noted that the accused had made significant progress in treatment and rehabilitation since his release on bail, and that the Crown had failed to meet the established test for adjournment under R. v. Darville.

The court proceeded to sentencing based on the accused's guilty pleas.

The appellant was convicted of second-degree murder and sentenced to life imprisonment with a 15-year parole ineligibility period.

He appealed both the conviction and the sentence.

The Court of Appeal dismissed the conviction appeal, finding the jury was properly instructed and the verdict was reasonable.

However, the Court allowed the sentence appeal, finding the trial judge over-emphasized the appellant's dangerousness without adequately considering his personal circumstances, including his lack of a criminal record and tragic background.

The parole ineligibility period was reduced to 12 years.