Analysis Of The Hypothetical Samples †MyAssignmenthelp.com

Question: Discuss about the Analysis Of The Hypothetical. Answer: Introduction The term Medical disorder falls under the provision of section 16 of the Canadian Criminal Code which favors the plea of defense taken by the NCR (Non Criminally Responsible) accused. The present hypothetical case represents the discussion on the mental impairment and criminal responsibility. As per facts of the case, the accused named Ena suffering from mental disorders. She has been charged for brutal murder of a bystander, Mert. The evidences by the witnesses, family and friends lied in the favor of accused as there is lack of motivational element present in the murder. The lack of motivational murder defensible by the plea of accused mental disorder. The paper characterize the following issues of the case Whether accused fit to stand for a trial under s.2 or not? Whether accused actually suffering from mental disorder during offence based on section 16 (1) or not? Whether the present case is fit under absolute defense of homicide on ground of automatism? Hence, the paper concludes that the accused (Ena) is entitled to the plea of the fit to stand trial and the court shall recognize the beneficiary position on the basis of NCRMD. As per construction of the above requisites, the legal analysis of the hypothetical case is based on following cited cases and fundamental principles contemplated in the sections of the Criminal Code. Element of the law in the case The Canadian criminal code in the provision of section 16 clearly states that no accused shall stand in trial proceedings if such accused is unable to conducts its defense on the concerned allegations made by the counsel on account of mental disorder. Such accused set to acquittal on the ground of mental disorder and also on the Automatism. An another facet of mental disordwer where accused rightfully entitled to take plea on the criminal charge on the basis of unconscious and involuntary behavior element present in a person where he does not act voluntarily and is not fully aware of his or her actions. Application of the law supports with the cited cases For the purpose to evaluate the accused state of mental disorder the following cited cases are discussed: As per case R v. Taylor (1992), the standard of fitness was establish on the basis of his analytical capacity to the understanding to the procedure of the court of law. Such standards were acknowledged also in the case of R v Whittle (1994), the case sets out an acquittal on ground of mental disorder of the accused. Here in this case, defense of NCRMD was proved by most leading case of R v MNaghten (1843); the case provided an established rule on defense of the insanity. The verdict of the Supreme Court of Canada in R v Stone (1999) states that the automatism is a factor deals with an action of lack of voluntariness element in the actus reus of the criminal offence. To advance a defense of automatism, R v Mayuran (2012), R v Parks (1992) and R v Stone (1999) provide evidential burden by raising a reasonable doubt in the mind. Relationship between the present legal analysis of the hypothetical case above Referred cases The facts of the present hypothetical case and above cited cases provide a brief significance of mental disorder. As per facts of the case, accused Ena is a fit example of mental disorder. Such above mentioned cited only differentiate on the basis of legal nature. Such legal nature includes a clear introductory view on Standard of Mental Disorder and automatism. The factors of legal nature is based mainly on the implied theory that is every accused is presumed to be fit unless he is unable to understand the proceeding of the case and answering of counsel on concerned facts. Legal application of the case The legal application is based on the Mental Impairment and Criminal Responsibility under Criminal Code. In R v Landry [1991], the accused advanced a defense of NCRMD on the basis of his mental disorder. Landry was found NCRMD as his mental problem affect his incapable of knowing that ordinary person would regard the killing as morally wrong. The verdict of Supreme Court of Canada matches with the facts of the present case. Such facts were that accused believed himself as a god and therefore he is responsible to destroy the evil power of Satan. The facts of the present case also represent almost identical situation that Ena had considered that victim as an evil spirit who aimed destruction to her family. Disposition of the accused in NCRMD finding In my opinion, the present case establishes a transparent assessment of the fundamental principle of factor on NCRMD and automatism. It is a fundamental rule of the Canadian Criminal Code that an accused must be capable enough to form rational understanding over the consequences of his or her conduct in order to establish the guilt of the offence. In R v Winko case (1999), the Supreme Court of Canada emphasized that there is always vital to make prominent balance between rulings on NCRMD with the needs of the society. Therefore, she should be held absolute discharge as she rehabilitated well during the hearing. References Statutes Criminal Code, RSC 1985, c. C-46, ss. 2, 16. Cases R v. Taylor 77 C.C.C. (3d) 551 (Ont.C.A.). v. Whittle, (1994) 2 S.C.R. 914 R v Landry (1991) 1 SCR 99 R v MNaghten (1843) 8 ER 718 R v Parks [1992] 2 S.C.R. 871 R v Winko [1999] 2 SCR 625 Secondary Material Verdun-Jones, S. N. (2015).Criminal Law in Canada: Cases, Questions and the Code (6th ed.) Thomson Nelson Learning.