ELEMENTS OF THE OFFENCE - Mens rea - Insanity or mental disorder - Evidence

Law360 Canada ( November 4, 2026, 9:39 AM EST) -- Appeal by Rashid from his conviction for second-degree murder. At trial, there was little doubt Rashid stabbed Gabriel. There was also little doubt he was suffering from a mental disorder at the time of the offence. Rashid was tried by a judge alone, with the trial divided into two parts. At the first stage, the Crown presented its case based primarily on written admissions about the circumstances leading to Gabriel’s death. The defence did not call any evidence but informed the judge that Rashid was asserting a defence of not criminally responsible by reason of mental disorder (NCRMD). The judge ordered the preparation of psychiatric assessments and adjourned the trial. Relying on psychiatric opinions, Rashid invoked s. 16 of the Criminal Code. The judge rejected the defence and concluded he was bound to find Rashid guilty of second-degree murder. Rashid submitted the judge failed to determine an essential element of murder, the intention to kill, and provided insufficient reasons for finding mens rea was proven beyond a reasonable doubt. The Crown submitted Rashid admitted intent at the first stage, so the judge was not required to consider it again once the second stage concluded....
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