LAWS 2302 Lecture Notes - Lecture 7: Insanity Defense, Intoxication Defense, Actus Reus
3 Aug 2016
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Automatism: applies to accused while in a state of impaired consciousness, involuntary behaviour of a conscious mind. Very rare to use this defence: non-mental disorder automatism, common law offence, self-induced intoxication provisions of intoxication defence take over. Procedural considerations in mental disorder defence: s. 16 of the criminal code and s. 671, applies to accused at time of actus reus suffers from mental disorder. Fail to understand the nature/consequences of act or incapable of knowing it was wrong: person will continue to suffer from condition and not be in a position where they can be tried for offence, unfit to stand trial. Unfair to have person suffering from mental disorder stand trial. Unable to conduct defence at any stage. Needs to be able to understand nature of proceedings. Person needs to be able to communicate with lawyer. Must be proved on balance of probability. Necessary to have limited cognitive capacity (understand process and communicate)
