LAWS 2301 Lecture Notes - Lecture 11: Alcohol By Volume, Mental Disorder, Mens Rea
17 Dec 2018
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Mens rea of urinating on a police curser- being intoxicated. Is a person fit to stand trial: mental disorder at the time of the offence. Vince li case: person beheaded on a grey hound bus, granted a full discharge, no question on the facts, at trial he was found not criminally responsible, no automatic result, he goes into the medical power. Doesn"t have to meet any of the sentencing objectives. What matters is there health and whether a danger to himself or others: total defense but they are not simply released go into care of mental health system. If they are able to be at trial they are able to conduct a defense: when someone is unfit, it"s a temporary determination. Then there can be an order made to go into mental health custody without a trial: there is a forensic assessment.
