CRM 200 Lecture Notes - Lecture 8: Fetal Alcohol Spectrum Disorder, Mental Disorder
10 Apr 2018
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This section will not be tested in the fact pattern of the final exam. Not criminally responsible by reason of mental disorder. Procedural considerations in the mental disorder defence: unfitness to stand trial. Section 672. 23(1: unable to conduct a defence, unable to understand the nature or object of proceedings, unable to understand possible consequences of the proceedings, unable to communicate with counsel. Court presumes all accused to be fit to stand trial. Accused or defence lawyer must prove that their client is unfit to stand trial. Section 672. 33 if a person is unfit to stand trial, they can be subject to the same outcome as a person who is found ncrmd after a trial. If the person is unfit to stand trial and poses a threat to society, they may be declared as ncrmd and held in a mental facility until they are fit to stand trial.
