The appellant appealed a finding that she was not criminally responsible (NCR) for several offences, arguing procedural unfairness and ineffective assistance of counsel.
At trial, her counsel waived arraignment, no plea was taken, and the appellant was never asked if she agreed with the facts read into the record.
The appellant believed she was pleading guilty to receive probation, not realizing an NCR finding could lead to indefinite detention.
The Superior Court of Justice allowed the appeal, finding the proceeding was so marred by errors—including the trial judge's failure to find that the mental disorder rendered the appellant incapable of appreciating the nature and quality of her acts—that it amounted to a miscarriage of justice.
The NCR finding was set aside and a new trial was ordered.
