Defence application for extension of time to appeal a 2012 finding that accused was not criminally responsible in relation to various offences including break and enter. Accused alleged that he faked mental illness at the time of his original court, and that he now wanted to enter guilty pleas.
Held: Application denied.
At the time of his original arrest the accused presented as delusional, and his behaviour was entirely irrational. Notwithstanding the presence of chronic substance abuse, the Crown and defence in 2012 made a joint submission for an NCR finding given the opinion provided by Dr. Singh at Alberta Hospital. Although the accused no longer suffers from a “primary psychotic illness”, that does not mean that he was not psychotic at the time that the offences were committed.
L. McClean – Defence Counsel