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Mens Rea - R. v. JDM, 2006 ABCA 294

R. v. JDM, 2006 ABCA 294

Appeal by offender with FAS of a SOIRA order – offender argued the effect of the order was disproportionate and unfair/unreasonable because his FAS made compliance extremely onerous – appeal court upheld order and found that sentencing judge properly balanced public interest and offender’s privacy – consideration that FASD diagnosis could provide a reasonable excuse for non-compliance.