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JUST*1010 (8)
Chapter 8

Chapter 8 Criminal Offences

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John Irwin

Criminal Offences Chapter * ; Mental Impairment and Criminal Responsibility Introduction  NCRMD; Not crim responsible on account of mental disorder; and automatism o Accused commited the act or omission that constitutes the basis for criminal chage, but found ncr because of sever impairment of mental capacity; o Must prove accused had mental disorder that deprived him of capacity to apprecaite the nature and quality of the act or omission or to know that it was morally wrong o NCRMD= not acquittal, custody of psychiatric hospital or supervised in the community; significant threat to society Issue of Fairness to Stand Trial  NCRMD, and automatism = issue of criminal responsibility, necessarily focus on the state of mind of accused at time of alleged offence  Fitness to stand trial= exclusively stae of mind, at time of trial, and with question whether or not accused had the mental capacity o To understand the nature and purpose of the trial proceedings o Communicate with his or her counsel  S.2 CC; unfit to stand trial; o Unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to doso;  Understand nature/object, possibily conseqeuneces, of the proceeding, communicate with counsel , communicate with counsel  Unfitness trial test; Criminal Code; require limited congitive capacity to understand the process nad to communicate with counsel o Even with delusions at time of his or her trial= not mean the courts will find he or she is unfit to stand trial;  Delusions do not vitiate the accused fitness to stand trial unless distorts acused rudimentary understanding of the judicial process or prevents recounting to his counsell the necessary facts so the defense can present a defense o Most mentally ill= fit to stand trial; because limited congitive test; consisted of criterial that requires minimal degree of ability to understand the nature nad object of the court proceedings and provide basic info to the counse  NCR does not= unfit to stand trial  Unfit = kept in custody in a mental health hospital or may be supervised in the community until fitness to stand trial is restored; after treatment most unfit become fit Defense of NCRMD  NCRMD; no conviction for offence unless they deliberately chose to do something wrong;  Individuals responsible for offences b/c possess the capcaity to distinguish between right/wrong  Mere fact of accused being mentally disordered at time of offence, = not automatically excuse him or her from criminal responsibility  NCRMD: state of the mind, at the time that the alleged offence was actually commited o If accused, not appreciate the nature or quality of act/omission in question or did not realize it was wrong o S.673; accused committed the act, cahrged but NCRMD  NCRM= not entitlement to walk out of courtroom free man • Restrainted on liberty, detention in mental health facility MCNAUGTEN RULES  Killed Edward Drummon; due to delusions, insane at the time of shooting, suffered from insanity which deprieved him of all power of self control; evne though he knew what he was doing and that it was wrong, o Delusions of persecution caused him to lose his ability to control his actions; o Confined in hospital till death,  Rule; M'Naghten o Everyone man presumed sane, possess a sufficinet degree of reasonable to be responsible for cimes until contrary be proved to their satisfaction; o Defence of insanity; = defect of reason, disease of mind, as not know the nature nad quality of act, that he did not know it was wrong; at time of offence  Critism; o Rules focusly exclusively on congitive factors; reasoning, to the exclusion of emotional and volitional factors; o Incapable of controller their conduct knowing it is morally wrong Modern NCRM: 16 CC  No person crim resp for act/omis, made while suffering from mental disorder that render person incapable of appreciated the nature and quality of the act or commission or knowing that it was wrong  Mental disorder less stigma; disease of the mind; emrbaces any mental illness, cover any mental condition that psych or psychologist would calssify as a metnal disorder; exclude temporary states of intoxication  Disease only of intensity of rendering accused incapable of appreciate nature/quality of violent  Disease of mind= legaql not strictly medical term;, decision made by judge, o For examples conditions that = recure/dnager but not classified as MD by psychs o Trial judge may find it disease of mind to protect public from recurrence of dangers  Only severe mental disorder = NCRMD; o Can be mental disorder that manifestic itself in the psychotic symptoms;  Psychotic= delusions, hallucinations, disorganized speech, and behaviour, catatonic,  Schizophrenia; one of mostly likel diagnoses in realtion to NCRMD;  Bipolar./Major Dpressive disorder, manic,= psychotic symptoms,  Sxhizoaffective disorder; other psychotic disorders;  One disorder establish; then; establish accused lacked capcity to apprecaite the nature and form the basis of the charged against him or her o Accused person lacked the capacity to know the act was wrong Capacity of Accused Person to Appreciate the Nature and quality of the Act;  Meaning of Appreciate o Substituted for know in the MNGAUTEN o Know = postive connotation; bare awreness the act of reciving info without more o Appreciating ; second stage in a mental process requres analysis of knowledge or experience in one manner or anther  Emotional, intellectual areness of the signficance of the conduct is in issue,  Meaning of Naturen ad Quality of the Act o Accused must have the capacity to know what he is doing  Meaning of Wrong; o Act or ommission weong; according to the ordinary moraly standards of reasonable members of society o Person may be well awaare that na afct is contrary to the law, by by reasonable of dease of the mind; sametime incapable of knowing that the acti s morally wrong in the cirumstances according to the moral standards of society o NCRMD: accused inacapcit to make moral distinction must be caasually related to his or her mental disorder;  Accused will not benefit from substituing his own moral code of that of society  Rendered incabpable of kknowing that the ordinary person would regard the killing as being morally wrong; o Required that lacked capacity to understand societys values, they knew that the orindary person would regard there actions as being morally wrong; o Mere fact of severe mental disorder does not automatically lead to the conlusion that the accused lacked the capcity to know that his conduct was morally wrong by oridnary members of society Problem of Irresitble Impulse  Not recongized by the courts; if the accused does not meet criteria of the NCRMD defedence  Irreistable impulse can be a symptom or manifestation of a disease of the mind but such mental condition- no excuse Miscellaneous procedural Issues Power of the Crown to Raise the Mental Disorder Defence  NCRMD has been rasied by the Corwn;  Crown follow course of action in two stiatuison, o where the accused person puts his or her stae of mind in issue at trial o after the judge or jury have confirmed that the accused committed the act, that formed the basis for the offence with he or she was charged  Enter NCRMD finding on the evidence before this court by the Crown o Maintains the principle of fundamental justice that the CJS not voict a person who was insance at the time he or she commited an offence o Protec the public from presenetly dangerous person require hopsitalization o Reconigze public interest of having serious criminal charges resolved on merits and with finality Burden and Standard of Proof; for NCRM:  S.16; NCR proved by who brings it up so basically defence on balance of probailities o Accused mind at the time is pecliarly within his or her knowledge ,it is reas
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