Lamb (Re)
The Court held that the Board's conclusion that the appellant continued to pose a significant threat in light of spring 2017 events and lack of insight was open to it and not a material misapprehension of evidence, therefore the appeal must be dismissed.
Source-derived case information.
- Citation
- 2018 ONCA 850
- Parties
- Appellant: Phillip Lamb; Respondent: Her Majesty the Queen; Respondent: Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 October 2018
- Procedural Posture
- Appeal Under Part Xx.1 of the Code / Appeal From Ontario Review Board Disposition Dated February 2, 2018
- Outcome
- Appeal dismissed; Ontario Review Board order affirmed
- Legal Topics
- Not Criminally Responsible (ncr) Dispositions, Review Board Disposition, Risk Assessment and Public Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip Lamb
Appellant
Her Majesty the Queen
Respondent
Centre for Addiction and Mental Health
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Code / Appeal From Ontario Review Board Disposition Dated February 2, 2018
Legal Issues
- 1 Whether the Ontario Review Board erred in concluding the appellant continues to pose a significant threat to public safety
- 2 Whether the Board misapprehended or ignored material evidence
- 3 Whether maintaining the prior disposition was reasonable in light of the appellant's progress
Ratio Decidendi
The Court held that the Board's conclusion that the appellant continued to pose a significant threat in light of spring 2017 events and lack of insight was open to it and not a material misapprehension of evidence, therefore the appeal must be dismissed.
Court Disposition
Appeal dismissed; Ontario Review Board order affirmed
Orders
- Appeal dismissed
- Order of the Ontario Review Board dated February 2, 2018 is affirmed
Full Case Text
Judgment text and source record
1 paragraphs
Lamb (Re) Collection Decisions of the Court of Appeal Date 2018-10-25 Neutral citation 2018 ONCA 850 Docket numbers C64973 Judges Doherty, David H.; Trotter, Gary T.; Paciocco, David M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Lamb (Re), 2018 ONCA 850 DATE: 20181023 DOCKET: C64973 Doherty, Trotter and Paciocco JJ.A. IN THE MATTER OF: Phillip Lamb AN APPEAL UNDER PART XX.1 OF THE CODE Anita Szigeti, for the appellant John Patton, for the respondent, Her Majesty the Queen Kathryn Hunt, for the respondent, Centre for Addiction and Mental Health Heard: October 23, 2018 On appeal against the disposition of the Ontario Review Board dated, February 2, 2018. APPEAL BOOK ENDORSEMENT [1] The Board had a difficult decision to make. The appellant has taken many positive steps. The Board concluded in light of events in the spring of 2017 and the appellant’s lack of insight that the appellant continues to pose a significant threat to the safety of the public. [2] The Board made the same order as the previous year. In our view, it was open to the Board to come to that conclusion and it did not misapprehend the evidence in any material way. [3] The appeal must be dismissed.