DATE: 20061031
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
1The appellant submits that the evidence on the record is insufficient to support an NCR finding. We disagree.
2Dr. 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.”
3Her 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.”