LAWS 2302 Lecture Notes - Lecture 10: Insanity Defense, Actus Reus, Psychosis
18 Feb 2017
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From the headlines muzzo sentenced to 10 years. Crash killed 3 children and their grandfather. Judgment sentenced to longest drinking and driving sentence in canadian history. How mental health can be relevant at the sentencing stage. 2 issues : fitness to stand trial, mental disorder at the time of the offence (s. 16) Plays into trial, sentencing decision (aggravating or mitigating), fitness to stand trial. Recall: elements that must be present for criminal guilt: actus reus a wrongful deed, mens rea criminal intent. Accused must be found beyond a reasonable doubt for a guilty verdict to be reached. Fit individuals charged with a crime are expected to understand the charges and proceedings, and help in preparing their defence. Unfit to stand trial: an inability to conduct a defence at any stage of the proceedings on account of a mental disorder. If not fit to stand trial mental health treatment: v. prichard [1836]
