Sexual Assault, Forcible Confinement, And Robbery

Our client was a gentleman in his early 70s. He had never been in trouble with the law. However, within the time span of a week, he inexplicably attacked two different women, motivated by an interest in their underwear. After attacking the second woman, our client went home and sat in his driveway for a prolonged period of time. Finally, he entered his house and told his wife that he believed he had attacked a woman. They both called the police. He was arrested and confessed to having attacked the first woman while being interrogated.

All parties involved were concerned with this unusual behaviour. As such, a psychiatric assessment was conducted. This assessment concluded that our client was considered to have been acting voluntarily during these two out of character attacks. In response, defence counsel obtained an independent forensic psychiatric assessment, which disagreed with the first assessment and concluded that our client was in fact suffering from a disease of the mind at the time of the crimes and that he would not have appreciated the nature and quality of his actions. After being furnished with this second opinion, the prosecution agreed with this conclusion.

RESULT: Our client was found to be not criminally responsible due to his mental disorder.