Legal Project Management Plan & Checklist
Litigate a Not Criminally Responsible on Account of Mental Disorder (NCRMD) defence to a murder charge in Canada.
What does NCRMD mean in Canadian law?: Under section 16 of the Criminal Code, an accused is not criminally responsible if they suffered from a "disease of the mind" that rendered them incapable of appreciating the nature and quality of the act or knowing that it was morally wrong.
What happens after an NCRMD verdict?: An NCRMD verdict is not an acquittal. The accused is referred to the provincial Review Board for a disposition hearing under s. 672.54, which may result in a hospital detention order, conditional discharge, or absolute discharge.
Jurisdiction: Superior Court of Justice and Provincial Review Board.
The Process at a Glance: The defence retains forensic psychiatrists to evaluate the accused, raises the s. 16 defence at trial, rebuts the presumption of sanity on a balance of probabilities, and manages the subsequent Review Board transition.
Key Legislation and Case Law: Criminal Code (s. 16, s. 672.54). R. v. Cooper (appreciating nature of the act) and R. v. Oommen (knowing the act was wrong).
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