The Not Criminally Responsible defence takes an accused’s mental state into consideration when laying out a verdict. While not a loophole or an acquittal, an NCR verdict recognizes that punishing someone with lack of intent due to mental illness is unjust. Consider if this defence applies to our accused and what treatment would be ordered in place of a traditional sentence.
Judge Timothy Hinkson Judge Hinkson was admitted to the British Columbia Bar in 2006 and practiced as both Crown counsel and criminal defence counsel. He was actively involved with the Medical Legal Society and the Canadian Bar Association, and served as president of the Vancouver Bar Association in the 2012-2013 term. Judge Hinkson has been a member of the Provincial Court of British Columbia since his appointment in 2022.
Rob Macgowan Rob has served as Crown counsel at the Abbotsford office since 2008. During his time with the Crown, Rob has primarily engaged in trial work, prosecuting cases ranging from minor theft to first degree murder. He regularly lectures at the RCMP’s Pacific Regional Training Centre.
Rebecca McConchie Rebecca started her legal career in Toronto where she clerked at the Superior Court and joined a top criminal defence firm. After moving back to B.C. in 2015, she worked under Peck and Company Barristers before founding her own firm. She is the current President of the Trial Lawyers Association of BC and an adjunct professor at Allard School of Law where she teaches Advanced Criminal Procedure.
This recording is hosted by CBABC, which is located on the traditional and unceded territory of the Coast Salish peoples, including the Squamish, Tsleil-Waututh and Musqueam First Nations. We encourage our members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada, past and present.
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