What is the test for a young offender who is mentally disordered?

British Columbia, Canada

The following excerpt is from R. v. Gray, 2002 BCPC 58 (CanLII):

Consider again the Saskatchewan case of Regina v. W.D. He was 13 years old. He was in the bottom 1 percentile for intelligence and his reading and mathematical skills were in the .02 percentile. He was so mentally disordered that he likely did not understand what was happening around him. He could not repeat back what had been said to him. He did not understand words like "guilty" or "innocence" or numbers as high as 41. However, he had twelve previous convictions.

Other Questions

Is a statement made by a young offender to his aunt in the presence of a police officer in their home in violation of s. 146 of the Young Offenders’ Charter of Justice? (British Columbia, Canada)
Does the deprivation of liberty experienced by a young offender as a result of his sentence as a youth offender violate the principles of fundamental justice? (British Columbia, Canada)
How have the courts interpreted the presumption that a young offender should not be considered a criminal? (British Columbia, Canada)
What is the effect of section 24.5(1) of the Charter on a young offender transferred to adult provincial correctional system? (British Columbia, Canada)
What is the impact of registering an individual as a sex offender on his mental health? (British Columbia, Canada)
How has the waiver process been interpreted under the Young Offenders Act? (British Columbia, Canada)
Is a grievor's past substance use disorder considered to be past substance abuse disorder? (British Columbia, Canada)
Is a defendant liable for a plaintiff’s mental health disorder? (British Columbia, Canada)
Is a plaintiff's mental health disorder a contributory factor in a motor vehicle accident? (British Columbia, Canada)
What is the mental element of the mental component of the tort of wrongful dismissal? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.