ELEMENTS OF THE OFFENCE - Mens rea - Insanity or mental disorder - Knowledge of wrongfulness

Law360 Canada (May 18, 2023, 6:12 AM EDT) -- Trial of Obeing charged with second degree murder of Toor. Toor was a taxicab operator. It was conceded that Obeing killed Toor by inflicting 17 stab wounds, as was captured on the taxicab’s video camera. The issue to be determined was the accused’s mental state at the time of the killing with respect to his intent and capacity to appreciate the nature and quality of his act of knowing it was wrong. The Criminal Code stipulated that a mental disorder was a disease of the mind. Obeing’s family moved from Sudan and Ethiopia to Canada when he was eight years old. At the age of 15, he was diagnosed with bipolar disorder type I. This disorder had over the years resulted in the accused experiencing periods of elation and depression, including manic and hypermanic episodes. He was hospitalized on numerous occasions because of manic behaviour. The accused was also diagnosed with an intellectual disability....
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