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Not Criminally Responsible
Severe FASD is more likely to trigger an inquiry into fitness rather than NCRMD, and, where less severe, is most often recognized as reducing moral culpability at sentence rather than rendering an accused unable to appreciate the nature/quality of his actions. However, it has been found that, if FASD affects an accused’s ability to refrain from drinking, an otherwise fit individual with FASD may rely on self-induced intoxication and FASD to obtain an NCRMD verdict (R. v. Elias, 2010 YKTC 139).
Below is a list of cases: