Question
Sam was diagnosed with schizophrenia five years ago, at the age of 21. Since the diagnosis, Sam has been under the care of a medical
Sam was diagnosed with schizophrenia five years ago, at the age of 21. Since the diagnosis, Sam has been under the care of a medical and psychiatric team and is responding well to the treatment, which includes prescription medication. Sam is now able to hold part-time employment at a grocery store and lives in a supportive housing environment. Indeed, Sam is doing so well that he decides he can safely lower his medication as it causes him to feel somewhat numb and to sleep considerable hours. He does not inform his medical team of his decision, and soon, his behaviour begins to become more volatile, and Sam misses his check in with his psychiatric team. The same day he misses his check in, while at work stocking the shelves at his store, a customer points to an image of creamed corn on her phone and puts her hands up in a questioning manner. Sam tells the customer the aisle number in which creamed corn can be found. The customer does not speak English and does not understand. Sam loses his temper, throws the goods he was stacking to the floor and stomps towards the aisle. When the customer does not follow him, Sam begins to yell at the customer and point to the aisle. Fred, the store's supervisor, sees the commotion and comes to investigate. Fred asks Sam to explain what was happening and Sam flies into a rage. Sam grabs a nearby can of pasta sauce, throws it at Fred's head, who falls to the ground. Sam then continues striking Fred several times before being tackled by two security guards. Sam is subdued until police arrive, at which point he is detained and held in a forensic psychiatric institution. Fred sustains serious injuries; Sam is charged with aggravated assault under s.268(1) of the Criminal Code
use an IRAC-structured response detailing your assessment of whether these are appropriate circumstances for an application for the special verdict of NCRMD under s.16(1) of the Criminal Code and if successful, which disposition might be most appropriate.
outline the relevant Criminal Code section(s) that would apply and the associated legal principles that are relevant to both legal issues (whether s.16(1) would apply and which disposition under s.672.54 is likely appropriate
Apply the law to the scenario and provide a conclusion detailing whether it is likely that Sam would be found NCRMD on a balance of probabilities and if so, which disposition would be most appropriate, considering the required factors
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