R. v. Tracey

Parties

Procedural Posture

Criminal NCRMD Determination / Verdict Recorded (ncrmd), Disposition Referred to Review Board and Remand Ordered

Legal Issues

1. 1 Whether the accused was not criminally responsible under s.16(1) of the Criminal Code
2. 2 Whether disposition should be made by the Court or referred to the Review Board
3. 3 Whether the accused should be remanded to a forensic hospital and subject to a no‑contact endorsement on the warrant

Ratio Decidendi

Having reviewed the facts and an admitted psychiatric report, the court found the accused committed the acts but was, at the time, suffering from a mental disorder that rendered him not criminally responsible under s.16(1); therefore the court recorded NCRMD verdicts, declined to make disposition, referred the matter and record to the Review Board, and remanded the accused to the East Coast Forensic Hospital with a warrant endorsement prohibiting contact with Beverley Ann Tracey.

Court Disposition

Verdict: accused committed the acts but is not criminally responsible on account of mental disorder; matter referred to the Review Board for disposition; accused remanded to East Coast Forensic Hospital; warrant endorsed prohibiting contact with Beverley Ann Tracey.

Orders

• Transmit record of proceeding to the Review Board for the Province of Nova Scotia pursuant to s.672.45(1.1) of the Criminal Code
• Remand Mr. Tracey to the East Coast Forensic Hospital for the purposes of a Review Board hearing pursuant to s.672.46(1) of the Criminal Code