Dr. William J. Komer

The appellant was found not criminally responsible on account of mental disorder (NCRMD) for a robbery committed at an ATM, based on a diagnosis of schizophrenia.

On appeal, he sought to introduce fresh evidence showing that his treating psychiatrists had ruled out schizophrenia and that his symptoms were likely caused by a substance-induced psychosis.

The Court of Appeal admitted the fresh evidence, finding that the NCRMD verdict amounted to a miscarriage of justice since self-induced intoxication cannot support such a verdict.

The appeal was allowed, the NCRMD verdict was set aside, and a conviction for robbery was entered with a sentence of one day's imprisonment, given the seven years the appellant had already spent in custody.

The appellant was found not criminally responsible (NCR) on charges of criminal harassment and failing to comply with a recognizance.

On appeal, amicus curiae argued that the trial judge erred by failing to hold a fitness hearing, asserting that the appellant's delusional disorder (erotomania) rendered him unfit to stand trial.

The Court of Appeal dismissed the appeal, finding that the trial judge had properly relied on psychiatric reports confirming the appellant's fitness and that the limited cognitive capacity test was met.

An application to admit fresh psychiatric evidence was also dismissed.