CRM 2300 Lecture Notes - Lecture 14: Mental Disorder
14 Mar 2016
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The power of crown to raise the md defence. Where the accused puts his/her state of mind in issue at trial. Based on balance of probabilities, it was more likely than not that the accused was. The crown just needs to prove the defendant was wrong. Review boards: consist of a chair (judge), a psychiatrist and one other person. The dispositional alternatives are: 1 an absolute discharge 2 a condition discharge 3 to hold accused in custody (psychiatric facility) Section below were added after 1991 and board must keep in mind all the time when dealing with a ncrmd. 1: to protect the public from dangerous persons. Definition: a state of impaired consciousness in which an individual though capable of action have no voluntary control over that action. As soon as you take the voluntary action out it is no actus rea.
