The court considered whether Charles Duku was criminally responsible for arson and mischief, following a trial in which he was found guilty.
After conviction, the Crown sought a verdict of Not Criminally Responsible (NCR) under section 672.34 of the Criminal Code, based on psychiatric evidence that Mr. Duku was suffering from active psychosis at the time of the offence.
The court accepted the expert evidence and the respondent’s consent, finding that Mr. Duku was not criminally responsible due to mental disorder.