Automatism in Criminal Law

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary characteristic of non-insane automatism?

It leads to partial acquittal.

It presents a recurring danger.

It involves a mental disorder.

It is linked to external factors. (correct)

If a judge accepts the defense of non-insane automatism, what is the likely outcome?

No contest plea.

Guilty with probation.

Sent to psychiatric evaluation.

Complete acquittal. (correct)

What is insane automatism characterized by?

Episodic behavioral changes.

A disease of the mind. (correct)

Temporary mental incapacity.

External physical factors.

Who bears the burden of proof when raising an NCR defense?

The Crown. Signup and view all the answers

What is the primary concern addressed in a fitness to stand trial hearing?

The accused's ability to grasp court proceedings. Signup and view all the answers

What can happen if an accused individual is found unfit to stand trial?

They are hospitalized until fit for trial. Signup and view all the answers

What happens if the accused is found NCR due to a disease of the mind?

They are sent to a psychiatric facility. Signup and view all the answers

Which of the following statements regarding non-insane automatism is correct?

It can include causes like stroke or low blood sugar. Signup and view all the answers

Intoxication can be used as a defence for which type of offence?

Specific intent offence Signup and view all the answers

What might a person found not guilty of murder due to intoxication still be guilty of?

Voluntary manslaughter Signup and view all the answers

How does S. 33.1 of the Criminal Code affect the defence of intoxication?

It restricts the use of intoxication for general intent offences Signup and view all the answers

Why did Justice Sopinka argue that intoxicated individuals should face consequences?

They voluntarily became intoxicated Signup and view all the answers

What is a key feature of the Carter or Two-Beer Defence?

It requires expert testimony on blood/alcohol levels Signup and view all the answers

Following the 2008 Criminal Code Amendments, what evidence cannot be introduced unless certain conditions are met?

The amount consumed by the accused Signup and view all the answers

In the case of R.v. Lavallee, what significant change occurred in the law regarding self-defence?

Battered woman syndrome became a recognized legal defence Signup and view all the answers

What did the defence experts conclude in R.v. Graveline regarding the state of the accused?

She was in a state of automatism due to trauma Signup and view all the answers

Why was the Crown's argument critical in R.v. Graveline regarding the timeline of events?

It affected the defence's burden of proof Signup and view all the answers

In the context of counselling to commit murder, what does S. 22(3) define as counselling?

Procurement, solicitation, or incitement Signup and view all the answers

Why was Doucet's argument of duress preferred over Battered Woman Syndrome?

She had no actual connection to her husband Signup and view all the answers

What role does an intervenor play in a legal case?

They provide commentary or support for a cause Signup and view all the answers

Why might the Canadian Association of Elizabeth Fry Societies intervene in a case?

To advocate for women's rights and support Signup and view all the answers

What did the Supreme Court decide after allowing the Crown's appeal?

To stay the proceedings Signup and view all the answers

Study Notes

Automatism

Definition: Automatism is unconscious or involuntary action without conscious control.
Non-Insane Automatism: Caused by external factors like physical blows, ailments (e.g., stroke, low blood sugar), or severe psychological trauma.
- Doesn't present a recurring risk.
- Sometimes called temporary insanity.
- Accused bears the burden of proof, requiring significant evidence.
- Complete acquittal if accepted by the judge.
Insane Automatism: Caused by a disease of the mind.
- Presents a recurring risk.
- Called "Not Criminally Responsible" (NCR) in the Criminal Code.
- Criteria: mental disorder at the time of the crime, impairing the ability to understand the act's nature or wrongfulness.
- Burden of proof rests on the party raising the defence (either accused or Crown).
- Courts initially determine fitness to stand trial.
- Three questions of fitness:
  1. Understanding of proceedings.
  2. Understanding of consequences.
  3. Ability to communicate with counsel.
- Unfit accused is remanded to a psychiatric facility pending fitness.
- Verdict: Not Criminally Responsible (NCR).
- Sentences can include discharge (if no significant public risk), or psychiatric treatment (if public safety concern) and annual review.

Intoxication

General Intent Offences: Intoxication is not a defence.
Specific Intent Offences: Intoxication may be a defence.
Aggravated assault: Is considered a general intent offence.
R. v. Daviault: Extreme intoxication negated the necessary intent for sexual assault.
Pharmacologist's testimony: -Possible blackout due to 7-8 beers and a litre of brandy.
- Impaired brain function due to loss of reality contact.
S. 33.1 Criminal Code: Drunkenness is not a defence for general intent offences (altered the Daviault outcome.)
Justice Sopinka's Minority Opinion: Intoxication is the responsibility of the offender as per societal norms.

Carter or Two-Beer Defense

Carter Defense: Challenging a breathalyzer test with evidence on drinking amounts and expert estimations of corresponding blood-alcohol levels.
2008 Code Amendments:
Eliminated the ability to challenge breathalyzer results by introducing evidence of drinking amounts.
Exception: machine malfunction or improper operation.

Battered Woman Syndrome

R. v. Lavallee: Battered Woman Syndrome became a legal defence allowing the accused to use self defence, even if the threat wasn't imminent.
R. v. Graveline: Non-insane automatism used due to absence of imminent threat (as opposed to self-defence).
Crown in Graveline: Argued automatism occurred after the act, not before.
R. v. Ryan: Doucet's actions (counselling for murder) were deemed "soliciting."

Duress

Doucet chose duress and not battered woman syndrome/self-defense due to lack of imminent threat.

Stay of Proceedings (Doucet)

The Court chose a stay of proceedings, and not conviction/acquittal. Thus, a legal finding wouldn't be recorded.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the concepts of automatism in criminal law, focusing on the distinctions between non-insane and insane automatism. Understand the implications, legal criteria, and the burden of proof related to each type. This quiz will test your knowledge of how these definitions impact criminal responsibility.