ADMJ 103 Lecture Notes - Lecture 17: Arteriosclerosis, Aspirin, Jury Trial
Document Summary
Not a diagnostic category it is a legal term of art. The courts are guided by the expert witnesses to the court. Categories of disease of the mind" not closed. Whether drug induced psychosis a disease of the mind. R v roulston held there is more than an evidential burden on the accused to adduce evidence of insanity. The obligation is to establish the probable presence of relevant mental illness or disorder. Invariably this will warrant need to expert psychiatric testimony as to. D"s state of mind at time of offence. R v cottle - a term that defies precise definition and which can comprehend mental derangement in the widest sense. Implies a really serious mental illness that affects the faculties of reason, memory and understanding. R v kemp motiveless attack by elderly man. Held arteriosclerosis ( hardening of the arteries) a disease of the mind" .
