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Lecture 7

CRIM 3656 Lecture Notes - Lecture 7: Obsessive–Compulsive Disorder, Individual Psychological Assessment, Mens Rea

Course Code
CRIM 3656
Anna Pratt

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Punishment and Mental Health
Issue of criminalization of people with mental health and mental illness
NCR provisions
o Vince Li and Bill c-54
o This bill was Proposed on the heels of this case
o Beheaded and murdered young man on a greyhound bus and was deemed NCR n the
account of mental disorder
o R v. Winko- people who commit criminal acts under the influence of mental disorder, should
not be held criminally responsible for their acts or omissions in the same way that sane
responsible are
o S. 16 of the CC
o While an accused is found NCR, they are not convicted in the usual sense
o The verdict is not acquittal but a third option
o Accused deemed NCR is diverted to provincial or territorial review board and these are
established under section 672.54 of the CC
o The rationale- the public may still require protection so the goal is to conduct an individual
assessment and also to craft a disposition that protects the public as well as provide
opportunities for the treatment of the accused; the reintegration of the accused in the
o The review board is required to apply the standard in the criminal code- if the board finds
that the accused is not a threat, they must give that person absolute discharge (treatment
based model and not a punishment based model)
o The only rationale that can justify the use of state power to punish is that if it would protect
the public
Women being stabbed
22 year old female
the deil told hi to sta the prettiest girl he sa
Accused Sean Clifford known to all the police officers because of his mental illness
But he was never violent before this incident
He was still at the crime scene, he was just starring at the police officer, he did not try to run away
of avoid the situation
The psychiatrists found that He did not have the operating mind to form the mens rea
He was sent to the forensic psychiatric facility
o Every client here has some sort of criminal charge in this facility
o Many of the patients here were capable of serious violence
o In the case of Sean, he was suffering from Obsessive compulsive disorder
o Sean was given anti-psychotic medication
find more resources at
find more resources at
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