The Actus Reus And The Mens Rea Essay

1691 Words Nov 14th, 2016 7 Pages
For an individual to be blameworthy and criminally responsible for their actions, the accused person must have committed the actus reus and the mens rea. In the case of the accused pleading Not Criminally Responsible on Account of Mental Disorder (NCRMD), the court focuses on whether the accused had the mens rea while committing the alleged offence (Verdun-Jones, 2015). If the accused person did not know what he or she was doing was wrong, or did not appreciate the conduct or omission, the accused will not be found criminally responsible (Verdun-Jones, 2015). Overall, if the accused is found NCRMD, he or she will most likely be apprehended in the hospital, or supervised in the community to keep the citizens safe from a possible reoccurring behaviour from the accused (Verdun-Jones, 2015). In the case of Anastasia, she has committed the actus reas but she has pled Not Criminally Responsible on Account of Mental Disorder. Though Anastasia has pled NCRMD, whether Anastasia is found fit to stand on trial, or if she will be found NCRMD, section 2 and section 16 of the Criminal Code must be addressed in order to determine the appropriate verdict for her alleged act.
Firstly, the Criminal Code of Canada section 672.22 explains the necessary components that an individual must meet in order to be deemed unfit to stand on trial (Criminal Code, 1991). Anastasia may not be able to stand on trial because he or she has a mental disorder. To use “unfit to stand on trial” as an defense, the…

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