3 total
Accused found NCR for fatal collision ordered detained at psychiatric hospital with community living privileges.
The accused was found not criminally responsible for dangerous operation causing death after driving through a stop sign at high speed and striking a motorcyclist.
At her initial Ontario Review Board disposition hearing, the panel found she poses a significant threat to public safety due to her Schizoaffective Disorder, history of medication nonadherence, and risk of psychotic relapse.
The Board ordered her detained at the Forensic Psychiatry Program with community living privileges, subject to strict conditions including substance abstinence and a driving prohibition.
The court rejected the accused's NCR defence, finding his psychosis was caused by self-induced intoxication rather than a pre-existing brain injury.
Thomas Chan, while in a drug-induced psychotic state after consuming magic mushrooms, fatally stabbed his father and gravely wounded his father's partner.
He was charged with murder, attempted murder, and aggravated assault, with the Crown seeking convictions for manslaughter and aggravated assault.
The defence argued for a verdict of not criminally responsible (NCR) under s. 16 of the Criminal Code, asserting that a pre-existing mild traumatic brain injury (MTBI) contributed to the psychosis, making him incapable of knowing his actions were wrong.
The court applied a holistic approach, considering internal cause, continuing danger, and policy factors, and concluded that the psychosis was primarily caused by self-induced intoxication, not the MTBI as a "disease of the mind" for the purposes of s. 16.
Consequently, Chan was found guilty of manslaughter and aggravated assault.
The accused was found guilty of assault after failing to establish a mental disorder defence.
The accused, Simon Gares, was charged with assault causing bodily harm and breach of probation after violently attacking a 5-year-old child.
The trial proceeded by judge alone after a mistrial.
The central issue was whether Gares was not criminally responsible (NCR) due to mental disorder under s. 16 of the Criminal Code.
Two forensic psychiatrists provided divergent opinions on Gares' mental state and capacity to know his actions were morally wrong.
The court found Gares guilty, concluding that he failed to prove on a balance of probabilities that he was NCR, as his post-offence conduct suggested an awareness of wrongdoing and there was evidence of malingering.
