W3 - incapacity (Dean) Flashcards
Who bears the burden of proving that an incapacity exists?
the party that raises the issue (usually the defence)
the law has a presumption that…
a person does not suffer from a mental disorder until it is proven
What is the verdict when a person is found to be suffering from a mental disorder that results in them not being criminally liable?
not criminally responsible on account mental disorder
Before an accused can plead that they are NCRMD, what use occur?
The Crown must prove that the accused committed the offence BRD
What is the standard by which a person is considered to be suffering from a mental disorder?
The balance of probabilities
A person under ___ cannot be convicted of a criminal offence
12
Can a diseasee of the mind be proven by expert testimony?
no. It is a legal issue for the judge to decide
What is included within the term “disease of the mind”?
any illness, disorder or abnormal condition which impairs the human mind and its functioning
What conditions are excluded from “disease of them ind”?
self-induced states caused by alcohol or drugs, as well as transitory mental states such as hysteria or concussion.
For a verdict of NCRMD, what must the nature of the disease of the mind be?
the disease must be of such intensity as to render the accused incapable of appreciating the nature and quality of the act (first branch) or of knowing that it is wrong (second branch).
For NCRMD, what two elements must be met?
Two components or criteria:
The legal issue - Is it a disease of the mind? Usually not the main issue.
- The factual issue - Was the disease of such intensity as to render the accused incapable of appreciating the nature and quality of the act or of knowing that it is wrong?
How must the word “wrong” be interpreted as it related to NCRMD?
The word “wrong” in s. 16(1) should be interpreted to mean “morally wrong” and not “legally wrong
