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Lawyer raising mental health defence for Windsor man accused of exposing himself


WINDSOR – There has been another postponement in the case of a Windsor man accused of showing his genitals to children in 2013 and 2014.

Be sure to read the Hants Journal for the latest news coming out of the Hants County Courthouse.

According to the Oct. 28 court file for 66-year-old Garnett Frederick Smith, the defence is not presenting any further evidence in his trial. However, they are raising a Section 16 Criminal Code of Canada defence, meaning a defence based on the accused having a mental disorder.

As such, a mental health assessment was requested to determine whether or not Smith could be considered criminally responsible. The assessment will be conducted on an outpatient basis.

This is the second time an assessment will have been conducted in this case. The court ordered a psychological fitness assessment earlier in the year and Smith was found fit to stand trial on May 12.

Smith is charged with sexual assault; two counts of sexual touching, three counts of invitation to sexual touching and three counts of exposing his genitals for a sexual purpose. The charges involve children under the age of 16 years.

It’s alleged that Smith committed the offences in Windsor between Oct. 15, 2013, and June 30, 2014. The charges have not been proven in court.

The matters are scheduled to return to Windsor provincial court on Jan. 24, 2017.

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