The Crown appealed a trial judge's refusal to order a Not Criminally Responsible (NCR) assessment and the calculation of pre-sentence custody credit for an offender convicted of possession of a weapon dangerous to the public peace.
The offender, a homeless man with schizophrenia, was involved in an altercation with a taxi driver and a homeless couple.
The Superior Court of Justice dismissed the appeal, finding no error in the trial judge's discretionary decision to refuse the assessment based on the evidence, including video surveillance.
The court also upheld the trial judge's allocation of pre-sentence custody credit across multiple charges, applying the principles from Barnett.
