A man who was found not criminally responsible for repeatedly stabbing a 16-year-old stranger at a Toronto Tim Hortons has been granted an absolute discharge by the Ontario Review Board (ORB).
Incident details
Kashane Daley, now 36, was a passenger in his mother's car on August 31, 2018, as it entered the drive-through of the coffee chain. According to the ORB decision, Daley exited the vehicle, entered the restaurant, and pulled out a knife. He placed the victim in a headlock and stabbed him multiple times in the neck, left chest, and right arm. After the attack, Daley took the victim's iPad, returned to his mother's car, and falsely claimed he had been stabbed. His mother then drove him to a hospital for treatment.
The victim and Daley were strangers. The incident was captured on surveillance video, and Daley dropped his wallet containing identification at the scene. Police later found the stolen iPad in a hospital men's washroom.
Victim's injuries
The teenage victim suffered lacerations to both sides of his neck, two lacerations to his stomach and abdominal area, and two lacerations to his right arm. He underwent surgery to repair lacerations to his liver and diaphragm and experienced extensive bleeding. The victim remained in the hospital for eight days.
Legal proceedings
In October 2020, Daley, who has been diagnosed with schizophrenia, was found not criminally responsible on account of a mental disorder for charges of aggravated assault and failing to comply with probation. During a hearing this spring at Ontario Shores for Mental Health Sciences in Whitby, Ontario, lawyers for the hospital, the province's attorney general, and Daley agreed that he is not a significant threat to public safety and recommended an absolute discharge.
The ORB agreed, stating that the necessary and appropriate disposition is to grant Daley an absolute discharge. The decision noted that voices were telling Daley the victim was present and waiting to kill him.
Background
Daley was born in Jamaica and immigrated to Canada with his family at age nine or ten. His father moved to the United States before Daley was born, and they never met. His father was reportedly murdered in 2011. Daley was raised by his mother and grandmother. He was diagnosed with a learning disability at age 13 and exhibited behavioral problems in school, including fights and truancy, leading to numerous suspensions. He left school in grade 11 but later graduated from high school at age 19 while in custody.
This case is similar to another recent absolute discharge granted to an Ontario woman who stabbed her infant son to death while highly psychotic.
