LLB180 Lecture Notes - Lecture 7: Mental Health Tribunal, Insanity Defense, Self-Defense
Document Summary
A defence is not an assertion that the accused didn(cid:495)t commit the crime. Partial defence when the individual is not acquitted but is convicted on a lesser charge. The exception of mental defences: defences that apply only to people with mental and cognitive impairments: defence of mental illness, Insane" automatism and substantial impairment by abnormality of the mind: d has legal (persuasive) burden to prove defence on bop, note also requirements for medical/psychiatric evidence. Also exception to general rule re some statutory defences (eg defences to strict or absolute liability offences) More research must be conducted in this area poor statistical information. Clear evidence of over-representation of people with cognitive and mental health impairments" (nswlrc) Automatism serves to deny the voluntariness of the act. Defences are part of the definition of an offence. Absence of a defence and defining elements must be proved by the prosecution. Reason, motive or exculpatory reason for the commission of an offence.
