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Difference between revisions of "Mental Health and the Criminal Code (14:IX)"
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Mental Health and the Criminal Code (14:IX) (view source)
Revision as of 22:08, 10 October 2022
, 22:08, 10 October 2022→1. Defence of Mental Disorder – Criminal Code, Section 16
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An accused may be found “Not Criminally Responsible on account of a Mental Disorder” (NCRMD), if an accused is found to have been suffering from a mental illness at the time of the offence which resulted in either: | An accused may be found “Not Criminally Responsible on account of a Mental Disorder” (NCRMD), if an accused is found to have been suffering from a mental illness at the time of the offence which resulted in either: | ||
*A lack of appreciation of the nature and quality of the offence (i.e. they could not foresee and measure the physical consequences of the act or omission) ([https://www.canlii.org/en/ca/scc/doc/1979/1979canlii63/1979canlii63.html?resultIndex=1 ''R v Cooper'' (1980), 1 SCR | *A lack of appreciation of the nature and quality of the offence (i.e. they could not foresee and measure the physical consequences of the act or omission) ([https://www.canlii.org/en/ca/scc/doc/1979/1979canlii63/1979canlii63.html?resultIndex=1 ''R v Cooper'' (1980), 1 SCR 1114]; or | ||
*A failure to realize that the act or omission was wrong (i.e. they did not know it was something that one should not do for moral or legal reasons ([https://www.canlii.org/en/ca/scc/doc/1990/1990canlii34/1990canlii34.html?resultIndex=1 ''Chaulk v The Queen'' (1990), 3 SCR 1303]. | *A failure to realize that the act or omission was wrong (i.e. they did not know it was something that one should not do for moral or legal reasons ([https://www.canlii.org/en/ca/scc/doc/1990/1990canlii34/1990canlii34.html?resultIndex=1 ''Chaulk v The Queen'' (1990), 3 SCR 1303]. | ||