ADVERTISEMENT



Google       

Home -> Law Blog Directory -> International Law Blogs -> Criminal Review

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

International Law

: Criminal Review

R. v. Luedecke

ADVERTISEMENTS

Mr. Luedecke was (remarkably) acquitted at trial after claiming he sexually assaulted a young woman in his sleep (the result of a condition known as “sexsomnia” — see some earlier commentary here). It was held that his actions were involuntary and they were not the product of a mental disorder. The Ontario Court of Appeal has ordered a new trial on the single issue of whether the automatism should have resulted in a verdict of not guilty or a NCR-MD (not criminally responsile on account of mental disorder) verdict.

I am satisfied that the trial judge failed to appreciate the significance of the hereditary nature of the respondent?s condition, failed to give effect to the respondent?s well established history of sexsomnia, and failed to appreciate the significance of the strong likelihood of the recurrence of the events that triggered his sexsomnia. The trial judge also failed to appreciate that Dr. Shapiro?s medical opinion that parasomnia did not constitute a mental disorder was largely irrelevant to the determination of whether, for policy reasons, the condition should be classified legally as a disease of the mind. These errors led to a failure to apply the proper legal standard when characterizing the respondent?s automatism.

NCR-MD is not a medical standard:

an NCR-MD verdict is not a medical diagnosis of the respondent. No one suggests that he is mentally ill. The criminal law uses the concept of mental disorder very differently than the medical profession. The concept of a mental disorder in the criminal law is used to describe those accused who have committed criminal acts but because of some abnormal mental state are unable to conform their behaviour to the dictates of the criminal law. A determination that an accused suffers from a mental disorder is more a reflection of the need for a further inquiry into the dangerousness of that accused than it is an assessment of his or her medical condition.

As pointed out in the analysis, “Social defence concerns, inevitably present in such cases, must to a large degree drive the analysis.”

Full post as published by Criminal Review on October 17, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0152 secs (new cache)