WDW101Y1 Lecture Notes - Common Law Offence, Insite, Vagueness
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WDW225 Review Class 11/29/2012
S. 16
- What does “appreciate requires more than knowledge of the physical nature
of the act” mean? Could you explain the “knowing it is wrong” part of the test
from s.16?
o Appreciate means an ability to foresee and measure consequences of
the physical act
o Ability to perceive the consequences, impact and results of a physical
act
o Choking- could understand physical act without appreciating it could
lead to death (consequence)
o “Knowing it is wrong” = morally wrong (based on societal norms) or
legally wrong
Unfit to stand trial
- Could you explain a prima facie case?
o If permanently unfit, Crown must demonstrate ability to have trail
every 2 years
Must establish a prima facie case (can still prove the case even
after 2 years, that the accused could still be convicted)
o Must call some evidence on each essential element of the offence
The actus reus and mens rea
o Must show that they have enough evidence that COULD justify a
conviction IF BELIEVED
Automatism
- What is the difference between sane vs. non-insane automatism
o Non-insane automatism = external cause of involuntariness; cause by
transient disturbance of consciousness; no ongoing dangerousness or
risk of recurrence; results in acquittal
o Insane automatism = form of s.16; involuntariness caused by a
“disease of the mind” (or mental disorder); defined by combination
medical, legal and policy consideration; presumed to be a product of a
disease of the mind; results in a “NCR” finding and ongoing
supervision under ORB
Insane automatism is a subset of NCR
Voluntariness
Can a person be guilty as a party to an offence even if his/her conduct is
involuntary?
- No
- Must still prove the actus reus and mens rea for party liability (aid, abet, form
intention in common)
- Whatever constitutes the actus reus must be voluntary
- Mens rea to be proven separately