Facts of the Case - Affray, Intentionally Cause Serious Injury

A suffered from serious psychiatric illness (with diagnoses ranging from bi-polar disorder to schizophrenia). A was at his home when a man passed by in the street and began antagonizing the family dog after it began barking. A's sister went outside to see what was going on and the man refused to leave and commenced swearing at her and throwing trash and bottles at her and the dog. A's sister called for help and A and other unknown men from the area attended.

A got into an argument with the man and punched him. The other men then joined in and kicked and punched the man. One of the other men assaulted the victim with a stick of some kind. As a result of the assault the man sustained serious injuries.

A was not taking his medication at the time and had been smoking marijuana which worsened his symptoms. A was charged and remanded in custody for a period of 3 months. During the 3 months, after initial problems, he began to receive psychiatric treatment and his condition stabilized. He was eventually released on bail.

Josh appeared on the plea and made extensive submissions on the role of A's mental illness in the offending and the impact it should have on sentencing.The submissions included that there was a causal link between A's condition and the offending especially in the circumstances of hiscessation of medication and the return of his psychiatric symptoms.

The fact that his illness contributed significantly to the offending meant that his ability to exercise appropriate judgment and think clearly was impaired. Ultimately these circumstances meant that:

1. A's moral culpability was diminished,
2. He was an unsuitable vehicle for general deterrence and the illness
3. The role that specific deterrence would play in the sentence was moderated
4. A sanction with rehabilitative purposes was more appropriate.