LAWS 2302 Lecture 12: lecture 12
14 Oct 2017
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Document Summary
Mens rea consuming alcohol voluntarily and going in public. Actus reus intoxication: not public urination, urination was evidence of intoxication. 10 years prison: family had private security guards. After verdict, you open up things to question. Loss of family: muzzo case, aarrived in private jet, returning from bachelor party, crashed into vehicle. Longer sentence for crown, shorter from defence: good plcae to review sentencing principles!, concurrent at same time, sentence consecutively. Fitness to stand trial: can they understand the trial at the time. Mental disorder at time of offence: section 16. Mens rea if you have mental disorder, you can be found not criminally responsible: whether you understood what you were doing or not, whether they have severe mental health issues and couldn"t udnerstand. Competency to stand trial assessment instrument cai. Proceedings halted until fit: reassessed within 45 days. Attempt to restore defendant to fitness: most common method is medication.
