DATE: 20061031

DOCKET: C45360

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. RICHARD WILLIAM DEJONG (Appellant)

BEFORE:

LASKIN, MOLDAVER and JURIANSZ JJ.A.

COUNSEL:

Delmar Doucette

for the appellant

Leanne Salel

for the respondent

HEARD & RELEASED ORALLY:

October 19, 2006

On appeal from the finding of Not Criminally Responsible by Justice Saul Nosenchuk, dated December 3, 2002.

E N D O R S E M E N T

[1] The appellant submits that the evidence on the record is insufficient to support an NCR finding. We disagree.

[2] Dr. Ramshaw was of the view that “due to his paranoid delusions and his disorganized thinking, it is evident that Mr. DeJong was unable to know that his actions were morally or legally wrong. It is evident that Mr. DeJong was psychotic at the time of his offense.” While acknowledging the difficulty in assessing the appellant’s behaviour, Dr. Ramshaw, nonetheless, concluded with this opinion: “however, it is my opinion, on the balance of probabilities, that his psychosis rendered him incapable of knowing that it was morally or legally wrong at the time.”

[3] Her opinion may be somewhat conclusory as the appellant contends, but her report was tendered as part of a joint application for an NCR finding. She was not cross-examined, and neither before the trial judge nor in this court did the appellant tender a contrary opinion. Nor does the appellant challenge his legal representation at trial. In the light of the record before the trial judge, we think that the NCR finding was correct. Accordingly, the appeal is dismissed.

“J.I. Laskin J.A.”

“M. Moldaver J.A.”

“R. Juriansz J.A.”