Determination that accused not criminally responsible could not be sustained

FRESH EVIDENCE

Determination that accused not criminally responsible could not be sustained

Accused charged with robbery and possession of dangerous weapon. Accused approached couple in van and demanded money. When they refused he brandished large kitchen knife and stated that he had AIDS. Accused was determined to be fit to stand trial but incapable of knowing wrongfulness of his actions therefore not criminally responsible for his actions. Accused was detained and remanded to jurisdiction of Ontario Review Board. Accused appealed determination and sought to produce fresh evidence. Appeal granted. Diagnosis of mental illness was ruled out by accused’s treatment team and it was asserted that best fit for accused at time of offence was substance-induced psychosis. Determination that accused was not criminally responsible could not be sustained. Conviction should be entered and sentence of one day.