Mental condition defences

Question 1

What are the conditions for diminished responsibility?

Answer 1

CPSA95 s51B(1).
Murder -> culpable homicide if:
- the person’s ability to determine or control conduct for which the person would otherwise be convicted of murder was, at the time of the conduct, substantially impaired by reason of abnormality of mind.
MUST BE PROVEN BY ACCUSED.
Two elements to the defence:
- An abnormality of mind.
- Substantial impairment.

Question 2

What are the types of mental disorder defences?

Answer 2

1. Unfitness for trial (CPSA s53F).
   
   • If it is established on a balance of probabilities that the person is incapable, by reason of a mental or physical condition, of participating effectively in a trial.
   • Helpful to obtain a medical report (Murphy v HMA 2017 SCL 176).
2. Mental disorder as a substantive defence (CPSA s51A).
   
   • Accused must have been suffering from a mental disorder.
   • Because of this disorder she was “unable to appreciate the nature of wrongfulness of the conduct”.

Question 3

What are the requirements for automatism set out in Ross v HMA 1991 JC 210?

Answer 3

Results in an acquittal, burden of proof lies with the Crown.
1. Total alienation of reason.
- “Unable to appreciate the nature or wrongfulness of the conduct” (Cardle v Mulrainey 1992 SLT 1152).
- May need a complete loss of self-control (Ross v HMA)
2. Caused by an external factor.
3. Which the accused was not “bound to foresee”.