Chando Kayne Jackson v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
Criminal law - Appeals, Defences, Mental disorder - Criminal law — Appeals — Defenses — Mental disorder — Applicant charged with breaking and entering and assault causing bodily harm — Applicant found not criminally responsible by reason of mental disorder — Applicant later attempting to appeal verdict and alleging psychosis caused by substance abuse — Court of Appeal dismissing application for extension of time to appeal verdict — Whether trial judge failed to consider absence of any prior psychiatric medications and absence of any prior psychiatric illness — Whether trial judge failed to consider possibility of psychosis induced by substance use instead of by mental disorder
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The applicant broke into a residence in March 2012 and assaulted the occupant. The applicant was charged with breaking and entering, assault causing bodily harm, and breach of recognizance. Upon acceptance of a joint submission by defence counsel and Crown counsel, the trial judge found the applicant not criminally responsible (“NCR”) by reason of mental disorder in 2012.
In 2016, the applicant filed a notice of appeal with respect to his NCR verdict, along with an application for an extension of time in which to file his appeal. He alleged that he was not really suffering from a mental disorder at the time of the incident, that he was only faking mental illness during his hospital examination, and that his psychosis was caused by substance use. The applicant intended instead to plead guilty to the offences, and seek an appropriate sentence. A single judge of the Alberta Court of Appeal dismissed his application for an extension of time, and granted the Crown’s motion to strike his proposed appeal.
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