Mental Disorder Flashcards
What section of CPA deals with unfit for trial mental disorder?
Section 53
Which case did not go to trial due to accused suffering from altzhimers?
Murphy v HMA
What happens if plea of unfit for trial is successful?
An examination of facts will take place instead. Which can incur non-custoial but still liberty limiting disposals.
What happens if the accused makes recovery?
They can come back to trial so long as they were not acquitted.
What section of CPA is the metnal disorder as a defence dealt with?
Section 51
What are the two requirements set out in Section 51A
The accused must have been suffering from mental disorder
The disorder made them unable to appreciate the nature or wrongfulness of the conduct
What constitutes a mental disorder?
Any mental illness, personality disorder or learning disability
Who is not included in this definition?
Psychopaths who act abnormally aggressive
What must cause the mental disorder?
Something internal
What case speaks to the ‘nature’ element?
Simon Fraser - thought victim was the devil
Which case speaks to the wrongfulness element?
HMA v Sharp - killed two of his kids to ‘help’ his wife.
What is the test not?
One of control
What must the mental disorder do?
cause the inability to appreciate wrongfulness or nature.
What happens if plea is successful
Examination of the facts leading to number of far reaching alternative disposals
What is the standard of proof?
On the balance of probabilities
