LAWS 2302 Lecture Notes - Lecture 11: Mens Rea, Nanny
Document Summary
Section 16 defense: not criminally responsible or ncr. At the time of the offence he/she could not appreciate the quality and nature of what they were doing at the time of the offence. Section 16 focuses on the moment of time when the person committed the offence. When accused is found ncr they have to go the system of the ontario review board. Crime hearing ncr orb (ontario review board which is a hospital). When defense counsel looks at going through with ncr they see if the charge is shorter than the time spent at the orb hospital then they will not go through with it. Section 16 can apply to any crime not just serious crimes. The burden of proof is on the accused to establish that he or she was incapacitated at the time of the offence. The judge makes the decision for the defendant to go to the orb.
