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NCR verdict entered where drug-induced psychosis constituted a disease of the mind.
The accused was charged with second degree murder after admitting to causing the death of the victim.
The defence raised not criminally responsible (NCR) by reason of mental disorder under s. 16 of the Criminal Code.
The court found that the accused suffered from Cannabis-Induced Psychotic Disorder exacerbated by prolonged substance use, and that his internal predisposition — including a vulnerable brain, prior episodes of psychosis, and features of borderline and antisocial personality disorder — contributed causally to his mental state at the time of the offence.
Applying the holistic approach from R. v. Stone and R. v. Bouchard-Lebrun, the court found the drug-induced psychosis constituted a disease of the mind and that the continuing danger factor was satisfied.
A verdict of not criminally responsible on account of mental disorder was entered.
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.
