On September 3, 2009, the accused was charged with a variety of offences including uttering threats (s 264(1)), causing unnecessary injury to a dog (s 445.1), possession of stolen property (the dog) (s 354) and accompanying breach of probation charges on each (s 733.1). He also had pending charges from February 14, 2009.
The September charges arise out of events where the accused threatened to kill his neighbours, stole a three-month-old dog and wounded it so badly that it had to be euthanized.
A contested fitness hearing was held and the accused was determined fit to stand trial. The accused raised a defence of “not criminally responsible” and a trial on only the actus reus portion of the charges was held. The accused was found to have committed the essential elements of the offences. A hearing into the defence of criminal responsibility was then held and the accused was found not to be criminally responsible (“NCR”) for the September offences. The court found that the NCR defence was not substantiated for the February charges, however, and the accused was convicted and sentenced to one day in jail.
Source: Case Law
Jurisdiction: Nova Scotia