Philosophy 2080 Lecture Notes - Lecture 17: Black Letter Law, Psychological Trauma, Indictable Offence
23 Sep 2016
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Drunk at a party and went to sleep on the couch at 4am, there was a women on the couch already. She woke up and he was sexually assaulting her, then they went back to sleep. He had no recollection but turned himself into the police. Crown said not criminally responsible due to a mental disorder. At trial, he was acquitted, his actions were involuntary. After he was charged, we found a sleep specialist. This doctor found that sexsombism, is a form of a sleep disorder. There is no cure for this disorder. Automatism is a denial of the mens reas. Post-the verdict of not criminally responsible due to mental order: there is a mandatory meeting. Can go from immediate discharge - mental hospital. Form now on, the judge starts with a presumption in law that automatism is a mental disorder (in parks, being an automaton was not a mental disorder)
