NDTV News

NDTV.com provides latest news from India and the world. Get today’s news headlines from Business, Technology, Bollywood, Cricket, videos, photos, live news coverage and exclusive breaking news from India.

https://www.ndtv.com/

Canada Court Allows Extreme Intoxication Defense At Violent Crimes Trial.

Canada Court Allows Extreme Intoxication Defense At Violent Crimes Trial

The Canada court said a ban on such intoxication defence pleadings is unconstitutional (Representational)

Ottawa:

Canada's top court ruled Friday that extreme intoxication may be used as a defense at trial for violent crimes, saying a ban on such pleadings -- supported by women's advocacy groups -- is unconstitutional.

In its decision, the Supreme Court considered the cases of three men who, after voluntarily consuming drugs, were involved in stabbings, beatings and even one homicide.

At separate trials, they argued that drugs left them in a state of "automatism," meaning they were so impaired they lost complete control.

One had taken an overdose of prescription drugs and attacked his mother with a knife, badly injuring her.

Another took psilocybin, commonly referred to as "magic mushrooms," and killed his father, while the third broke into a stranger's home and assaulted a woman who lived there.

Ottawa in 1995 prohibited the extreme intoxication defense after a public backlash over its use at the trial of a man who sexually assaulted a woman in a wheelchair.

Justice Nicholas Kasirer wrote for the top court in one of the three recent cases that the federal law allowing the defense undermines "core beliefs" of the criminal law system: intent, and the presumption of innocence.

And it runs the risk of wrongful convictions, he said.

"It enables conviction for conduct that an accused person was not aware of and could not control and therefore cannot be a 'guilty act' as defined by the underlying offences," he wrote.

"This result follows even where individuals ingest alcohol or drugs in common-place situations where there is no subjective or objective foresight of automatism or violence."

The Canadian Civil Liberties Association, the Empowerment Council and the Women's Legal and Action Fund argued before the top court against allowing the defense.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Останні новини
Ukraine’s Armed Forces repulse assault on Sievierodonetsk.

Ukraine’s Armed Forces repulse assault on Sievierodonetsk.

Russian invaders mine the bridges and roads by which residents of Kherson region try to leave for the territory controlled by Ukraine. The enemy assaulted Sievierodonetsk from four sides at once but received a decent rebuff and retreated to the pr...

UkrInform

Biden’s policies are dumb and dangerous: Sen. Lindsey Graham

Biden’s policies are dumb and dangerous: Sen. Lindsey Graham

Sen. Lindsey Graham discusses Biden’s failing presidency and how Republicans should put a plan in place to right his wrongs on ‘Hannity.’ #Hannity #FoxNews Subscribe to Fox News! Watch more Fox News Video: Watch Fox News Channel Live: FOX News Cha...

1 1

Partygate: Labour says PM still  «has to go»  despite police investigation ending.

Partygate: Labour says PM still «has to go» despite police investigation ending.

Labour is continuing to call for Boris Johnson to resign despite the police investigation into Downing Street parties ending. Shadow Secretary of State for Women and Equalities, Anneliese Dodds, said the Prime Minister should step down after he "f...

Concern grows as more countries detect monkeypox - DW News.

Concern grows as more countries detect monkeypox - DW News.

The UK and other European countries have reported a small number of human monkeypox infections, a virus rarely seen in Europe. The US, Canada and Australia are also investigating cases. Health services remain puzzled over how the virus is transmit...

1

'Ukraine's destroyed Donbas is HELL as Russia piles on pressure', warns Zelensky.

'Ukraine's destroyed Donbas is HELL as Russia piles on pressure', warns Zelensky.

Russia’s renewed offensive in Ukraine’s Donbas has destroyed the eastern region and turned it into “hell”, Ukrainian President Volodymyr Zelensky said on Thursday, accusing Moscow of carrying out senseless bombardments. After failing to take Ukrai...

Democrats are pushing a new 'war on terror' on American citizens: Greenwald.

Democrats are pushing a new 'war on terror' on American citizens: Greenwald.

Glenn Greenwald tells 'The Ingraham Angle' that unlike the first war on terror, this one is increasingly a war on terror on domestic soil aimed not at foreign nationals, but domestic citizens. House Democrats plus Adam Kinzinger voted to nearly cr...

1

Rising Broadway stars in ‘A Whole New World’ shine spotlight on AAPHI representation.

Rising Broadway stars in ‘A Whole New World’ shine spotlight on AAPHI representation.

Shoba Narayan and Michael Malikael play Jasmine and Aladdin in the new Broadway show ‘A Whole New World.’ Also, director Jon M. Chu is paving the way in Hollywood while celebrating community.