ADJ-1 Lecture Notes - Lecture 25: Actus Reus, Mens Rea, Verdict
26 Oct 2020
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Presumption: 16. (2) every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. Burden of proof: 16. (3) the burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue. Insanity is a disease of the mind, not of the brain: anything that makes a person incapable of proper judgment. There is a special verdict (not guilty because of insanity) Onus of proof on accused (balance of probability) Two types: insane automatism, sane automatism. If this is found, the accused is acquitted. Automatism means that there was no actus reus or mens rea: still a small mental component to actus reus.
