CRIM 230 Lecture Notes - Lecture 8: Insanity Defense, Verdict, Mental Disorder
29 Oct 2016
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Document Summary
Concerns with accused"s mental stability at time of the offence: not criminally responsible on account of a mental disorder: ncrmd (s. 16 (1)) Not a ruling that the accused didn"t do it; (672. 1: automatism as a full defence. Concerns with accused"s mental stability at trial: fitness to stand trial (s. 2) *mental health at the time of the offence* *ncrmd is not a defence = is a special verdict* Judicial interpretation counsel. (whittle, 1994) in his/her defence. Generally, quite difficult to show that an accused is unfit to stand trial. Legal test: limited cognitive capacity to understand the process and to communicate with. There may still be an issue relating to mental impairment at the time of the offence. Speaks to voluntariness of conduct (bouchard-lebrun): where s. 16(1) and automatism come into play. Crown must prove that the accused committed the act or made the omission for which s/he is charged.
