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Disability - Criminal. R. v. McCaw
In R. v. McCaw (Ont CA, 2023) the Court of Appeal considers an appeal from the 'Adult Therapeutic Court':[6] The respondent is 47 years old (46 at the time of sentencing). The respondent lives with certain mental health challenges, including Asperger’s syndrome, obsessive-compulsive disorder, depression, and agoraphobia. He receives an Ontario Disability Support Pension. The respondent is socially isolated. He told the author of the Pre-Sentence Report that he uses child pornography to cope with his loneliness.
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[10] The respondent’s case progressed in the Adult Therapeutic Court (a mental health diversion court). After he was arrested, the respondent spent 27 days in PSC. By the time he was sentenced, he had been on bail for just under three and a half years, with a house arrest condition (subject to the customary exceptions, including being allowed to be outside the house with his mother or father). . R v Bulic
In R v Bulic (Ont CA, 2020) the Court of Appeal cited law that disability does not normally factor in to reduce criminal sentencing:[13] The trial judge did address the appellant’s mental health issues. He concluded that the issues appeared to be a result of his criminal conduct and not a result of a pre-existing condition. Further, “medical conditions cannot generally be used to avoid what is otherwise a fit and proper sentence”: R v. Heron, 2017 ONCA 441, at para. 25.
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