CRIM 230 Lecture Notes - Lecture 8: Mental Disorder, Sleepwalking
Document Summary
Crim 230 - lecture 8 - mental impairment and criminal responsibility: defences of. Unit examines manner in which criminal law deals w/ those accused persons suffering from mental impairment at time they committed offence(s) w/ which they have been charged. Traces evolution on current defence of not criminally responsible on account of mental disorder . Discusses criteria to be met before ncrmd defence will be successful under provisions of s. 16 & highlights series of significant decisions made in area by scc. Explains what happens to accused person acquitted as being ncrmd & describes 3 options available. Confinement in custody in a mental health facility. Unit proceed w/ discussion of number of unique procedural provisions applying to defence of ncrmd. Automatism - condition in which accused person acts involuntarily as consequence of severely impaired consciousness. Chapter examines 2 major defences that may be raised by accused person. Defenses distinct from issue of fitness to stand trial.