Court File and Parties

CITATION: R. v. Marfo, 2008 ONCA 130

DATE: 20020222

DOCKET: C42683

COURT OF APPEAL FOR ONTARIO

ROSENBERG, SIMMONS and LAFORME JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ALFRED MARFO

Appellant

Counsel: Alfred Marfo in Person Michael Davies, Amicus Curiae, for the appellant Leslie Paine for the respondent

Heard and endorsed: Feburary 19, 2008

On appeal from conviction by Justice Joseph Fragomeni of the Superior Court of Justice dated November 12, 2004.

APPEAL BOOK ENDORSEMENT

[1] We agree with Crown counsel and amicus that this is a proper case to substitute an NCR finding. Mr. Marfo was here in person and confirmed his understanding of the proceedings and that he agreed with the proposed disposition. The fresh evidence conclusively demonstrates that the appellant was not criminally responsible by reason of a mental disorder at the time of the offence.

[2] Accordingly, the fresh evidence is admitted. The appeal is allowed, the convictions set aside and a verdict of not criminally responsible on account of mental disorder substituted. We refer the matter of disposition to the Review Board