John C. Pearson

The appellant sought leave to appeal and appealed a summary conviction appeal decision upholding a finding that he was not criminally responsible on account of mental disorder for breach of probation.

The Court of Appeal held that, although the record supported the order directing an NCR assessment under ss. 672.11(b) and 672.12(3)(b) of the Criminal Code, leave should not be granted on that issue.

Leave was granted on the issue of the sufficiency of the trial judge's reasons for the NCR finding.

Applying the framework for adequacy of reasons in criminal cases, the court concluded the reasons did not disclose whether the trial judge found incapacity under the relevant branch of s. 16 or how the mental disorder rendered the appellant incapable of knowing the breach was wrong.

The NCR finding was set aside and a new trial ordered.

The appellant appealed from a decision of the Superior Court of Justice granting the Crown's application for certiorari, which quashed a preliminary inquiry judge's order committing the appellant to stand trial for second degree murder and instead ordered him to stand trial for first degree murder.

The Court of Appeal dismissed the appeal, agreeing with the application judge that the preliminary inquiry judge exceeded his jurisdiction by weighing evidence and choosing between competing inferences regarding planning and deliberation.

The Court found there was sufficient evidence, including a document showing a grudge and the circumstances of the knife attack, to support an inference of planning and deliberation.