CRM 2300 Lecture Notes - Lecture 15: Actus Reus, Dazed, Mental Disorder
16 Mar 2016
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Put the person in the state of disassociation. Behave in way where you are dazed and commit an offence. They went hunting and no one was around: judge told him to use provocation, appealed, upheld conviction, went to scc, pba has to be a psychological state, can"t be your everyday mundane life. Dissociative state: disease of the mind: elaboration by scc: an extremely shocking trigger , questionable when the trigger is the victim, very difficult to raise a defence of psychological blow, if successful, accused can be acquitted of all charges. Judicial interpretation of defence of automatism: mental disorder. If parks case was decided after 1999, the outcome would be different. How have the courts decided on the accused condition as to is/isn"t a disease of the mind : two major approaches: Internal: what happened physiologically to the body, chemical. External: blow to the head, drugs, alcohol.
