section 672.35

INTRODUCTION AND BRIEF DESCRIPTION

Verdict of not criminally responsible on account of mental disorder cannot lead to a guilty conviction, but can be taken into account for future charges, release, or parole.

SECTION WORDING

672.35 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but (a) the accused may plead autrefois acquit in respect of any subsequent charge relating to that offence; (b) any court may take the verdict into account in considering an application for judicial interim release or in considering what dispositions to make or sentence to impose for any other offence; and (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

EXPLANATION

Section 672.35 of the Criminal Code of Canada deals with what happens when an accused is found not criminally responsible on account of mental disorder. Essentially, if an individual is found to have committed an offence but their mental state at the time means that they cannot be held fully responsible, they will not be convicted of the offence. However, there are a few important implications of this verdict. Firstly, the accused may plead autrefois acquit (meaning "already acquitted") in respect of any subsequent charge relating to that offence. This means that if they are charged with the same offence again, they can argue that they have already been acquitted of it due to their mental state at the time, and cannot be tried again. Secondly, any court may take the verdict into account when considering an application for bail or release, or in determining how to sentence the individual for any other offence. This is designed to ensure that the person's mental state is taken into account when determining the appropriate course of action. Finally, parole boards may also take the verdict into account when considering an application for parole or record suspension in relation to any other offence. This is intended to ensure that the individual's mental state is considered when determining whether they are eligible for early release or record suspension. Overall, Section 672.35 is an important provision that helps to ensure that individuals who are not fully responsible for their actions due to mental illness are treated fairly and appropriately by the justice system.

COMMENTARY

Section 672.35 of the Canadian Criminal Code deals with the verdict of not criminally responsible on account of mental disorder. This means that a person is not guilty of a criminal offence if they were suffering from a mental disorder that made them unable to understand the nature and consequences of their actions or unable to appreciate that their actions were wrong at the time the offence was committed. The purpose of this section is to recognize that individuals with mental disorders may not be fully responsible for their actions and should not be punished as if they were. Instead, they should be subject to a different process that takes into account their mental health and the need for treatment and rehabilitation. One significant aspect of this section is that it allows the accused to plead autrefois acquit, meaning that they cannot be charged again for the same offence. This is an important protection for individuals who have been found to not be criminally responsible because it prevents them from being subjected to double jeopardy. It also recognizes that the mental disorder was the cause of their actions and that they should not be punished again for something that was beyond their control. Another important aspect of this section is that it allows courts, parole boards, and other relevant bodies to take the verdict into account when making decisions. For example, a court may consider the verdict when deciding on the appropriate sentence for a different offense that the individual committed. This recognizes that mental health issues may have played a role in their offending behaviour and that rehabilitation and treatment may be more appropriate than punishment. Parole boards may also consider the verdict when deciding whether to grant parole or a record suspension under the Criminal Records Act. This acknowledges that individuals with mental health issues may require ongoing support and supervision, even after they have served their sentence. Overall, Section 672.35 of the Canadian Criminal Code recognizes the importance of considering mental health when dealing with individuals who have committed criminal offences. It provides important protections for those who are not fully responsible for their actions and ensures that they receive the appropriate treatment and support. It also recognizes that punishment is not always the best approach and that rehabilitation and treatment can be more effective in promoting public safety and preventing future offending.

STRATEGY

One of the key strategic considerations when dealing with Section 672.35 of the Criminal Code of Canada is ensuring that a defendant accused of a criminal offense is properly diagnosed with a mental disorder. This is important because the verdict of not criminally responsible on account of mental disorder can only be rendered if the accused had a mental disorder at the time they committed the offense that rendered them unable to appreciate the nature and consequences of their actions or that what they were doing was wrong. Therefore, to effectively utilize the provisions of this section, the defense team must be able to prove that their client suffered from a mental disorder and was not legally responsible for their actions. Another strategic consideration when dealing with this section is deciding whether to pursue a plea of not criminally responsible or to opt for a guilty plea. Depending on the circumstances of the case, it may be more advantageous for the defendant to plead guilty, accept a sentence, and move on. In other cases, however, it may be in the defendant's best interest to plead not guilty and pursue the not criminally responsible verdict. When pursuing a not criminally responsible plea, another strategic consideration is determining how to present the case to the court. This may involve retaining the services of expert witnesses, including psychiatrists and psychologists, to provide evidence about the defendant's state of mind at the time of the offense. It may also involve presenting evidence of the defendant's mental health history, including any diagnoses or treatments that may support the claim that they were not responsible for their actions. Once the verdict of not criminally responsible has been rendered, the defense may employ a number of strategic considerations to take advantage of the provisions of Section 672.35. For example, the defense may file a plea of autrefois acquit in any subsequent charges relating to the same offense. They may also present evidence of the not criminally responsible verdict in considering applications for judicial interim release or assessing what dispositions to make or sentence to impose for any other offense. Finally, they may present the verdict as a factor in considering applications for parole or record suspension. In conclusion, there are several strategic considerations that should be taken into account when dealing with Section 672.35 of the Criminal Code of Canada. These include ensuring that the defendant is properly diagnosed with a mental disorder, deciding the appropriate plea to enter, presenting evidence to support the not criminally responsible plea, and using the provisions of the section to their advantage in subsequent legal proceedings. By carefully considering these factors, the defense team can effectively utilize this section to defend their clients and achieve the best possible outcomes.