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  • Tom is charged with murdering his next-door neighbour with a snow shovel and has been detained in custody awaiting his trial. Although there is no known history of mental illness, as his trial is approaching his defence lawyer, Jane finds it increasingly difficult to speak to her client. Tom’s answers to questions posed by Jane have nothing to do with what she is asking. Tom tells Jane that spirits are talking to him in his cell, and he sees visions of his Great Grandmother walking by his side and constantly talking to him. Jane asks Tom if he understands what would happen if he is found guilty of murder, and Tom’s response has nothing to do with his potential jeopardy. The trial is scheduled to commence in a week. As Tom’s lawyer, which argument should Jane be considering to raise before the trial begins? Your answer should include the appropriate section(s) of the Criminal Code that apply. (5 marks)

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