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NCR defence rejected; accused found guilty of first-degree murder after court finds symptom exaggeration.
The accused was charged with first-degree murder after shooting and killing the victim outside Scotiabank Arena.
The accused admitted to the shooting but raised the defence of not criminally responsible (NCR) on account of mental disorder, claiming he believed the victim was the Devil and that he was on a mission to save the world.
The court found that while the accused had a mental disorder, he exaggerated and fabricated symptoms.
Relying on the accused's organized conduct before, during, and after the offence, the court concluded he was capable of knowing his actions were morally wrong.
The NCR defence was rejected, and the accused was found guilty of first-degree murder.
Nurse suspended for four months after admitting to verbally and physically abusing a dementia patient.
The Member, a Registered Practical Nurse, faced allegations of professional misconduct for verbally and physically abusing an elderly client with dementia, including striking the client in the face with a slipper, and failing to document the incident.
The Member admitted to the allegations through an Agreed Statement of Facts.
The Discipline Committee found that the Member committed professional misconduct.
Accepting a joint submission on penalty, the Committee ordered a reprimand, a four-month suspension, and terms, conditions, and limitations on the Member's certificate of registration, including meetings with a nursing expert and employer notification.
The accused was convicted of aggravated assault and firearm offences after the court rejected his claims of self-defence and accidental discharge.
The accused, Tryden Reis, was charged with attempted murder, possession of a loaded restricted firearm, discharging a firearm with intent to wound, aggravated assault, and using a firearm while committing aggravated assault.
The court addressed the admissibility of prior inconsistent statements from two key witnesses (Nicholas Gray and Kaion Brown) under R. v. Khelawon and R. v. B (K.G), admitting Gray's statement but rejecting Brown's due to its systematic deception.
An Edgar application to admit the accused's out-of-court utterance was dismissed, as Gray's question was an inquiry, not an accusation.
The primary defenses of accident and self-defense were rejected.
The court found that the victim, Tutu, was walking away when attacked, and the accused's subsequent shooting of Brown was neither in self-defense nor accidental.
Relying on Gray's police statement, video footage, and the accused's post-offence conduct (disposal of weapon and clothing), the court found culpability.
Judicial review dismissed; no procedural fairness breach in withholding subject officer's statement during OIPRD investigation.
The applicant sought judicial review of an OIPRD decision affirming the Toronto Chief of Police's conclusion that his assault complaint against an officer was unsubstantiated.
The applicant argued the OIPRD breached procedural fairness by refusing to disclose the subject officer's statement before the applicant provided his own.
The Divisional Court dismissed the application, finding no statutory obligation to disclose the officer's statement to the complainant at the investigative stage, and held that the OIPRD's decision was reasonable.
A university student with no prior record received an absolute discharge for pointing a BB gun during a highway driving dispute.
A 20-year-old first-time offender pleaded guilty to assault with a weapon and dangerous driving arising from an incident on the Gardiner Expressway in which he displayed a BB gun at another vehicle, causing the other driver to swerve and nearly collide with other vehicles.
The Crown sought four to six months custody plus ancillary orders.
The defence sought an absolute discharge.
The court granted an absolute discharge on both counts, finding that the offender's momentary lapse in judgment was completely out of character, that he presented a low risk of recidivism, and that the ancillary orders provided sufficient protection for the public interest.