Several Defences For A Murder Charge
The issue may be whether the crime was intentional and whether the person intended murder. The issue also may be whether you have really identified the right person.
Another issue may be whether that person had the mental capacity to know that he or she was committing a crime. In this case, we may use a “not criminally responsible defence” This defence used to be called “insanity,” but it is now called “not criminally responsible” pursuant to Section 16 of the Criminal Code of Canada. If a person does not appreciate the consequences of their actions, they can be found not criminally responsible and rather than go to jail for 25 years they will go to a psychiatric facility for as little as several months or a couple of years until they are released. They could eventually be released outright once they are well because they are deemed to be ill or sick or mentally lacking the requisite mental capacity to be found guilty or responsible for a murder.
This defence is difficult to establish because of its reliance on a psychiatric opinion that may differ from that presented by the Crown. If you are found not criminally responsible, you go to hospital instead of a jail where you can get treated and released. There is no minimum confinement time. There is certainly a concern with the public that that individual is well enough to be released back into the community, but it is certainly a lot better than going to a jail for a prescribed period of time. Sometimes you have a moment fuelled by alcohol or drugs where you “lose it”. You could be considered not criminally responsible for your actions but well enough to function in society if you stay away from drugs or alcohol or take certain medications. If you are deemed well enough to be able to appreciate your illness and accept the fact that you have a condition and you have insight into your shortcomings, you may satisfy the review boards who oversee the person’s treatment and ultimate release into the community.
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If you, or someone you care about, is dealing with criminal law issues in the Ottawa, Ontario Region, contact Engel & Lewandowski Barristers & Solicitors for a consultation.
