Dr. Y. Naidoo

The appellant, found not criminally responsible, appealed a Review Board disposition maintaining a conditional discharge, seeking an absolute discharge.

The Court of Appeal found the Board's decision unreasonable, as it failed to adequately consider evidence demonstrating the appellant's ability to manage his condition and did not meet the "significant threat to public safety" standard, which is onerous and requires a real risk of serious criminal harm.

The appeal was allowed, and an absolute discharge was granted.

Matthew Gibson, found not criminally responsible (NCR) for criminal harassment and breach of recognizance, appealed the Ontario Review Board's disposition maintaining conditional discharge.

He argued the Board erred in finding he posed a significant threat to public safety, contending the risk assessment was unreasonable and unsupported by evidence, particularly given his compliance with medication and treatment, and stable family support.

The Court of Appeal dismissed the appeal, finding no error in the Board's application of the significant risk test under the Criminal Code.

The court affirmed the Board's holistic consideration of risk factors, including lack of insight into his illness and index offences, and continued cannabis use, which outweighed protective factors, concluding the conditional discharge was necessary to manage the ongoing significant risk to public safety.

The defendant pleaded guilty to two counts of robbery and one count of assault causing bodily harm.

The robberies involved the use of an imitation firearm at two pharmacies on the same day.

The assault occurred months later when the defendant, under the influence of cocaine and fentanyl, assaulted his mother, causing her a concussion.

The court imposed a sentence of six years imprisonment for the robberies (concurrent) and six months imprisonment for the assault (consecutive), for a total of six and one-half years.

The court considered the defendant's prior robbery conviction, his substance abuse issues, his family support, and his guilty plea in determining the appropriate sentence.