Reference no: EM133944987

Assignment:

1. On the construction site where he is working, Nigel spots Warren, whom he suspects is the person who stole his watch. Walking up to Warren, Nigel repeatedly pushes him on the chest while demanding his watch back. Suddenly, Warren stoops down, grabs a length of two-by-four, and attacks Nigel as if he wants to kill him. Nigel, not knowing what else to do, and with no room to run, grabs a hammer from his tool belt, ducks a vicious blow from the two-by-four, and strikes Warren as hard as he can with the hammer. Warren sustains permanent brain damage. Can Warren use self-defence as a defence?

2. In 1981, a case occurred in which a man was accused of assaulting his wife. During testimony, the accused told the court that the incident had occurred while the couples were driving home after a party. The wife, who was intoxicated and in the passenger seat, first tried to get out of the car while it was moving and then tried to grab the steering wheel. Fearing an accident, the accused used force to subdue his wife. Since the husband had, in fact, assaulted his wife, he couldn't plead not guilty to the charge.

A) Might either of the defences of duress or necessity apply in this case? If so, which one is applicable?

B) Would the defence likely be successful? Explain.

3. A mental disorder is a "disease of the mind." Canadian courts have accepted such diseases and conditions as epilepsy, alcoholism, arteriosclerosis, and schizophrenia as "diseases of the mind".

A. What may happen to an accused who's judged unfit to stand trial?

B. What happens to an accused who in the court's opinion isn't criminally responsible for the offence he or she has committed on account of a mental disorder?

C. Do you think the government should have the right to keep people locked up in institutions for many years - perhaps all their lives - if they are found to be not criminally responsible for their actions? Explain your reasons.