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.

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