Mental Disorder Flashcards

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1
Q

What section of CPA deals with unfit for trial mental disorder?

A

Section 53

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2
Q

Which case did not go to trial due to accused suffering from altzhimers?

A

Murphy v HMA

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3
Q

What happens if plea of unfit for trial is successful?

A

An examination of facts will take place instead. Which can incur non-custoial but still liberty limiting disposals.

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4
Q

What happens if the accused makes recovery?

A

They can come back to trial so long as they were not acquitted.

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5
Q

What section of CPA is the metnal disorder as a defence dealt with?

A

Section 51

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6
Q

What are the two requirements set out in Section 51A

A

The accused must have been suffering from mental disorder

The disorder made them unable to appreciate the nature or wrongfulness of the conduct

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7
Q

What constitutes a mental disorder?

A

Any mental illness, personality disorder or learning disability

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8
Q

Who is not included in this definition?

A

Psychopaths who act abnormally aggressive

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9
Q

What must cause the mental disorder?

A

Something internal

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10
Q

What case speaks to the ‘nature’ element?

A

Simon Fraser - thought victim was the devil

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11
Q

Which case speaks to the wrongfulness element?

A

HMA v Sharp - killed two of his kids to ‘help’ his wife.

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12
Q

What is the test not?

A

One of control

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13
Q

What must the mental disorder do?

A

cause the inability to appreciate wrongfulness or nature.

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14
Q

What happens if plea is successful

A

Examination of the facts leading to number of far reaching alternative disposals

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15
Q

What is the standard of proof?

A

On the balance of probabilities

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