preview

The Criminal Code Of Canada

Better Essays

Arshdeep Kaur 212127767 Not Criminally Responsible on account of Mental Disorder (NCRMD) is a legal defence by excuse mostly used in countries such as Australia and Canada. It is well stipulated in criminal laws of such countries where a defendant may argue that they should not be held criminally responsible for breaking the law on the grounds that they are were mentally ill at the time when they committed the criminal offence (Penney, 2013). The issue of NCRMD may only arise on the following occasions (1) the accused committed the act or omission that formed the basis of the offence without motivation or intent and (2) at the time of the act or omission, the accused suffered from a mental disorder which made him/her incapable of fully being aware of the the nature, character and consequences of the act. The Criminal Code of Canada provides for the NCRMD defence in section 16, part of which states that: “No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.” In reference to the case of R. v. Chaulk (1990) 3 S.C.R, the Supreme Court of Canada determined that the word ‘wrong’ in reference to all cases of regarding NCRMD means both ‘legally wrong’ and ‘morally wrong.’ In order to claim a NCRMD defence, the defendant must prove on a balance of probabilities that the accused was

Get Access