Automatism in Criminal Law

Automatic functioning without conscious effort or control.

Automatic behavior not caused by a mental disorder. It is triggered by external factors like sleepwalking or physical trauma.

Another name for non-insane automatism. It describes a temporary loss of control due to external factors.

The accused must provide significant evidence to support their claim of automatism.

Automatic behavior caused by a disease of the mind.

Not Criminally Responsible.

An individual is found NCR if they had a mental disorder at the time of the crime and were incapable of understanding the wrongfulness of their actions.

Both the accused and the Crown can raise an NCR defence. The party who raises it must provide evidence.

Intoxication can be a defence to specific intent offences but not general intent offences, meaning being drunk doesn't excuse you from crimes like assault.

A man found not guilty of sexual assault due to extreme intoxication, highlighting the defence of intoxication for specific intent crimes. The law later changed, making this defence harder.

This section of the Criminal Code changed the law on intoxication as a defence, making it harder to use for general intent offences. This means being drunk is less likely to excuse you from assault.

A defence that allowed accused persons to challenge breathalyzer results by providing evidence of their alcohol intake and expert testimony on the likely blood alcohol level.

These amendments significantly changed the Carter Defence, making it much harder to challenge breathalyzer results. The only valid challenge is if there's a machine malfunction.

This legal defence recognized the psychological and emotional abuse suffered by women in abusive relationships, allowing self-defence even without imminent danger.

This case established Battered Woman Syndrome as a legal defence, allowing women to use self-defence even when the threat wasn't immediate or direct.

A defence that argues a person acted unconsciously due to a temporary mental disruption caused by external factors, like a traumatic event or sleepwalking.

This case involved a woman who argued non-insane automatism due to her traumatic relationship with her husband, but the Crown argued the amnesia came after the shooting, weakening her defence.

Doucet, in this case, was charged with 'counselling to commit murder' when she tried to hire a hitman (who was actually an undercover officer) resulting in a charge of incitement.

When someone solicits, procures, or incites another to commit murder, even if the murder doesn't actually happen, it's a criminal offence.

A party in a legal case that isn't directly involved but has a special interest in the outcome, like the Elizabeth Fry Societies and Women's Legal Education and Action Fund who supported Doucet.

Doucet, who wasn't living with her abusive husband, argued duress, claiming she acted under threat, as opposed to Battered Woman Syndrome which requires immediate danger.

This refers to stopping a legal case before it proceeds to trial or judgment, as in Doucet's case where the Supreme Court of Canada decided to stay the proceedings due to procedural issues and the accused's situation.