LAWS 2302 Chapter Notes - Chapter 7: The Conviction, Voir Dire, Mental Disorder
13 Apr 2016
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Incapacity: accused did not have mental capacity at tie of offence due to mental or emotional impairment/incapacity to form necessary mens rea for offence. Capacity is also extremely relevant to the issue of whether the accused is in fact fit to stand trial. The accused"s incapacity due to age may also become a relevant factor, particularly when dealing with young persons. 4 main defenses: ordinary person loses control because of wrong committed by victim. Provocation of heat or passion: excuse whereby murder is partially excused when the accused"s impairing passion is triggered by the vicitm"s wrongful act or insult. In canada, provocation is the only statutory partical defense, and it is restricted to murder charges; attempted murder is not covered by section 232. Passion must be present, as the offender must act on the sudden and before there was time for his passion to cool, but passion is no excuse itself.
