CRIM 230 Chapter Notes - Chapter 8: Irresistible Impulse, Mental Disorder, Actus Reus
10 Jul 2017
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Document Summary
Chapter examines defences of ncrmd & automatism. Both defences apply where accused person committed act/omission constituting basis for criminal charge laid against him/her but found not criminally responsible b/c of severe impairment of mental capacity. In case of ncrmd defence, must be established that accused person had mental disorder depriving him/her of capacity to appreciate nature & quality of act/omission/to know it was morally wrong. Accused person found ncrmd not acquitted of charge but held to be not criminally responsible for his/her actions & may potentially be held in custody in psychiatric hospital/supervised in community if considered he/she poses significant threat to community. Defence of automatism - arises when accused person acts involuntarily b/c of some form of temporary impairment of his/her mental faculties. Defences of ncrmd/automatism concerned w/ issue of criminal responsibility & necessarily focused on state of mind of accused person at time of alleged offence. Generally difficult to establish that person unfit to stand trial.
