Dr. Chaterjee

The accused pushed a stranger onto subway tracks while experiencing a substance-induced psychotic episode.

The court ordered an assessment to determine if the accused was not criminally responsible (NCR) under s. 16 of the Criminal Code.

The psychiatric evidence indicated the accused suffered from schizophrenia and a polysubstance abuse disorder, making him more vulnerable to drug-induced psychosis.

The court applied a holistic approach, finding the psychosis was not exclusively caused by drug use but was intertwined with his underlying mental disorder, presenting a continuing danger.

The accused was found NCR and referred to the Ontario Review Board.

Mr. Khan was charged with attempted murder, aggravated assault, and assault with a weapon after stabbing his wife.

The Crown conceded acquittal on attempted murder.

The central issue was whether Mr. Khan was not criminally responsible (NCR) due to a disease of the mind, specifically delirium tremens, at the time of the offences.

The court, accepting expert psychiatric evidence and applying the holistic approach from R. v. Stone and R. v. Bouchard-Lebrun, found that delirium tremens constituted a disease of the mind in this case.

It concluded that Mr. Khan was unable to understand the moral wrongfulness of his acts and was therefore NCR for aggravated assault, with a conditional stay for assault with a weapon.