SOSC 2350 Lecture Notes - Actus Reus, Mental Disorder, Psychological Trauma
Document Summary
Can be used as an excuse for a criminal act committed due to immediate and urgent circumstances. Accused persons claim they did not act voluntarily. Forced to act because of certain danger. Any intoxicated person who was unable to form specific intent before striking cannot be found guilty of aggravated assault. A person charged with murder can use the defence of intoxication. Only actus reus must be proved if the person is intoxicated. Mental disorders: (ncr) not criminally responsible for an offence. At the time the act was committed he/she was suffering from a mental disorder. Falls under section 16 of the criminal code. Automatic functioning without conscious effort or control. No control of his/her actions but is still capable of committing an act. Non-insane automatism: temporary insanity, the state may be a result of a physical blow, ailments, sleepwalking, intoxication, or psychological trauma. You"re allowed to defend yourself/property only by necessary and reasonable force.