Taking stock of Stone : revisiting "the last refuge of a scoundrel" following the landmark decision /
- Publication info:
- EBook, Thesis/Dissertation, Book, Online
Osgoode Hall Law School Library
On the Shelf
Criminal evidence : materials prepared for a Continuing Legal Education interactive audio conference course held in various locations throughout British Columbia on November 16, 1985 / course co-ordinators, S. David Frankel ; view from the bench, Raymond M.D. Paris ; instructors, P. Michael Bolton ... [et al.]. --
KF 9662 A75 C74 1985
- Corporate Subject:
- Taking stock of Stone : revisiting "the last refuge of a scoundrel" following the landmark decision / Christina Jean Hollingshead.
- Main Author:
- Hollingshead, Christina Jean.
Thesis (LL.M.)--York University, Osgoode Hall Law School, 2009.
Also available on the Internet.
- Local Note:
See Mfiche b 1830 for LAW microfiche copy.
This study examined the automatism defence following the Supreme Court of Canada's decision in Stone . Argument abounds that Stone's restrictions were unnecessary, and that by placing the onus on the accused to prove a lack of volition on a balance of probabilities, gravely effected true claims of involuntariness. Through a critical review of the legal and psychological literature, analysis of the case law, thirty-one automatism claims from 1999 to 2007 were scrutinized. The findings indicate: "psychological blow" claims involving murder, have virtually no chance of success; only a preexisting biological/mental disorder (i.e. sleepwalking) will lead to mental disorder automatism; and most successful cases were heard before a judge sitting without a jury. This suggests that contrary to Stone , Canadian juries appear to be particularly skeptical of such claims, and that despite Parks , in recent cases, sleepwalking is more likely to be considered a "disease of the mind". Still, claims of automatism based in reality are likely to be successful.
- Item Description:
- Physical Description:
viii, 186 leaves
- Technical Details:
System requirements for Internet version: Adobe Acrobat reader.Mode of access: Internet via the World Wide Web.
- Bibliography:Includes bibliographical references (leaves 156-163).
- Access:Access to Internet version restricted to York University faculty, students and staff with a York University IP address.