LS227 Lecture Notes - Lecture 3: Actus Reus, Partial Defence, Mens Rea
3 Dec 2016
School
Department
Course
Professor
Document Summary
Not criminally responsible on account of mental disorder (ncrmd) Must be proved on a balance of probabilities. Because of a mental disorder, the accused did not appreciate their actions and their consequences. Must be suffering from disorder at time of offence. Absolute/partial discharge or some for of holding upon acquittal. Accused person acts under the in uence of an honest mistake in relation to any elements of actus reus. A woman remarries, believing her rst husband to be deceased, but he isn"t, and therefore she cannot be convicted of bygamy. Ignorance of the law is not a mistake of fact. Conduct was in uenced by drugs and or alcohol. Not valid if substance impaired them to control them self. Considers if the mens rea was there or not due to intoxication. Successful if mens rea of a speci c action was absent. One commits a lesser evil to prevent a greater evil.
