An Examination Of A Defence

1670 Words Nov 20th, 2016 7 Pages
Many cases require alternate defences for those who suffer from mental disorders, this defence is known as Not Criminally Responsible on Account of Mental Disorder also known as NCRMD. A defence such as this is used to explain that the perpetrator had a disorder that made them unaware of the crime they had committed and that the crime was wrong. Applying NCRMD as a defence can be difficult as there are many requirements a person needs to meet before they are deemed not responsible. In some cases, it is hard to prove that the offender had a mental disorder at the time of the crime and that it is a valid defence as to why they committed the crime unknowingly. There is a lot of discussion around NCRMD being successful or unsuccessful and what should happen to the offender if they are deemed NCRMD. A recent case where NCRMD was used as a defence and was successful, was in the case of David Siu. NCRMD is a successful and valid defence if it is used in the right case to protect those in the system with mental disoders.

This defence was originally known as the insanity defence, it was changed to NCRMD in the Criminal Code in 1992 (Wilson, Crocker, Nicholls, Charette, & Seto, 2015). Review boards must take the mental condition of the accused, the safety of the public, the reintegration of the accused into society, and the other needs of the accused into account when making a disposition after the trial, these include absolute discharge, conditional discharge or detention in a…
Open Document