WDW101Y1 Lecture : Lecture 5

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Answer: there was no evidence that condition was the product of a disease of the mind; only non-insane automatism was available. Scc confirmed that voluntariness is part of the ar - burden on the crown to prove. Risk of occurrence: v. stone (1999, s. c. c) Stabbed his wife 47 times; she insulted him, he felt a woosh and when he focused again, she had been stabbed. Presumption that it is a disease of the mind (big change from parks and rabey) Holistic test: does society require ongoing protection from the accused? (internal/external, continuing anger, policy considerations, reasonableness of response: v. luedecke (2008, ont. Facts: admitted that he had non-consensual sex with the complainant; claimed he was asleep at the time, had a history of engaging in sexual activity while asleep. The respondent personifies one of the most difficult problems encountered in the criminal law.

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