LS202 Lecture Notes - Lecture 12: Fetal Alcohol Spectrum Disorder, Actus Reus, Mental Disorder
18 Nov 2016
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Used as a defence when it is found ones mental processes were impaired. Not an acquittal - found not criminally responsible . Does not have any moral control and therefore they have acted involuntarily. If it were to be denied as a defence, it would violate s. 7 ccrf. Must have had the disorder at the time of the offence. Impaired consciousness due to a blow to the head ect. Cant think properly - no voluntary control over the actions. Usually an acquittal if not caused by a mental disorder. If it is self induced (alcohol/drugs) the defence does not apply. May negate the actus reus element - when in the state they do not know what they are doing. Accused has the onus of establishing the defence of automatism on a balance of probabilities. You are un t to stand trial if; You cannot understand the nature or objective of the proceedings. Must be proven on a balance of probabilities.
