CRM 2300 Lecture Notes - Lecture 15: Delirium Tremens, Mens Rea, Mental Disorder

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Christopher Sibbald

Document Summary

Advanced: applies to specific intent offences: raise a reasonable doubt that the requisite mens rea. Acquittal: if intoxication induces a mental disorder and renders the accused ncrmd. Partial defence: if intoxication prevents defendant from forming the intent necessary for conviction of crime of specific intent. Intoxication can never be a defence to a charge of general intent. The accused had formed the specific intent prior to intoxication (can not use the defence). The first beard rule: intoxication causes disease of the mind. Change in the pattern of drug and alcohol use in recent decades. Neighbour goes out to intervene, bouchard pushes him down the stairs and steps on his head. Neither one of them died but they were very very hurt with some permanent damage. Defence was drug induced a state of disease of the mind. Judge said it is not disease of the mind because it is not reoccurring. It is foreseeable that the drug would make him different.