Mental Capacity Defences cases

Question 1

M’Naghten Rules

Answer 1

insanity
1843
3 elements: defect of reason, disease of the mind and nature/quality of the act

Question 2

Clarke

Answer 2

insanity 1) DoR, meaning deprived of the powers of reasoning, and is < absent mindedness/ confusion

Question 3

Sullivan

Answer 3

insanity 1) DoR, can be permanent or temporary (epilepsy)

Question 4

M’Naghten

Answer 4

insanity 2) DoM example- delusional/paranoid

Question 5

Kemp

Answer 5

insanity 2) DoM example- hardening of the arteries

Question 6

Sullivan (2)

Answer 6

insanity 2) DoM example- epilepsy

Question 7

Hennessy

Answer 7

insanity 2) DoM example- diabetes

Question 8

Burgess

Answer 8

insanity 2) DoM example- sleepwalking (sleep disorder)

Question 9

Quick

Answer 9

insanity 2) DoM, being diabetic but not eating properly is an external cause and is therefore automatism

Question 10

Oye, Windle

Answer 10

insanity 3) N/Q, must not know the nature and quality of their act (not understand/know what he is doing OR not know wrong in law)

Question 11

Bratty v A-G for Northern Ireland

Answer 11

automatism def, “an act done by the muscles without any control by the mind e.g spasm, reflex action, convulsion, not conscious of action, suffering from concussion”

Question 12

Hill v Baxter

Answer 12

automatism examples, external cause- sneezing, hypnotism, blow to the head, attack by bees, ptsd”

Question 13

Bailey

Answer 13

self-induced automatism: where d’s conduct bring on automatic state and applies differently to basic/specific

Question 14

Hardie (A)

Answer 14

self-induced automatism could be basic def if D did not know the risk (sub reck)

Question 15

Lipman

Answer 15

if D is so intoxicated that x formed the mr for spec, they will be found guilty for a lesser ‘fallback’ crime. must be extreme
x mr due to intox mistake abt key fact, x basic = sufficient sr. may be -> spec

Question 16

DPP v Majewski

Answer 16

voluntary intoxication x defence to basic int crimes

Question 17

A-G for Northern Ireland v Gallagher

Answer 17

voluntary intoxication x defence where d has the necessary mr e.g ‘dutch courage’ initial mr

Question 18

Hardie (IT)

Answer 18

involuntary intoxication def: “where d does not choose to take the intoxicating substance or where he has taken a prescribed drug not knowing it will make him” , for spec/basic. x mr -> extreme

Question 19

Kingston

Answer 19

involuntary intoxication x if able mr

Question 20

Insanity examples

Answer 20

delusional/paranoid (M’Naghten), epilepsy (Sullivan), hardening of the arteries (Kemp), diabetes w/o insulin (Hennessy), sleep walking/disorder (Burgess), diabetes w/o eating (Quick)

Question 21

Automatism examples

Answer 21

diabetes w/o eating (Quick), spasm, reflex action, convulsion, unconscious action, concussion (Bratty v A-G for NI), sneezing, hypnotism, blow to the head, bees, ptsd (Hill v Baxter)

Question 22

Voluntary Intoxication definition

Answer 22

“where the d chooses to take the intoxicating substance, or where the d has taken a prescribed drug knowing that it will make him intoxicated”

Question 23

insanity
1843
3 elements: defect of reason, disease of the mind and nature/quality of the act

Answer 23

M’Naghten Rules

Question 24

insanity 1) DoR, meaning deprived of the powers of reasoning, and is < absent mindedness/ confusion

Answer 24

Clarke

Question 25

insanity 1) DoR, can be permanent or temporary (epilepsy)

Answer 25

Sullivan

Question 26

insanity 2) DoM example- delusional/paranoid

Answer 26

M’Naghten

Question 27

insanity 2) DoM example- hardening of the arteries

Answer 27

Kemp

Question 28

insanity 2) DoM example- epilepsy

Answer 28

Sullivan (2)

Question 29

insanity 2) DoM example- diabetes

Answer 29

Hennessy

Question 30

insanity 2) DoM example- sleepwalking (sleep disorder)

Answer 30

Burgess

Question 31

insanity 2) DoM, being diabetic but not eating properly is an external cause and is therefore automatism

Answer 31

Quick

Question 32

insanity 3) N/Q, must not know the nature and quality of their act (not understand/know what he is doing OR not know wrong in law)

Answer 32

Oye, Windle

Question 33

automatism def, “an act done by the muscles without any control by the mind e.g spasm, reflex action, convulsion, not conscious of action, suffering from concussion”

Answer 33

Bratty v A-G for Northern Ireland

Question 34

automatism examples, external cause- sneezing, hypnotism, blow to the head, attack by bees, ptsd”

Answer 34

Hill v Baxter

Question 35

self-induced automatism: where d’s conduct bring on automatic state and applies differently to basic/specific

Answer 35

Bailey

Question 36

self-induced automatism could be basic def if D did not know the risk (sub reck)

Answer 36

Hardie (A)

Question 37

if D is so intoxicated that x formed the mr for spec, they will be found guilty for a lesser ‘fallback’ crime. must be extreme
x mr due to intox mistake abt key fact, x basic = sufficient sr. may be -> spec

Answer 37

Lipman

Question 38

voluntary intoxication x defence to basic int crimes

Answer 38

DPP v Majewski

Question 39

voluntary intoxication x defence where d has the necessary mr e.g ‘dutch courage’ initial mr

Answer 39

A-G for Northern Ireland v Gallagher

Question 40

involuntary intoxication def: “where d does not choose to take the intoxicating substance or where he has taken a prescribed drug not knowing it will make him” , for spec/basic. x mr -> extreme

Answer 40

Hardie (IT)

Question 41

involuntary intoxication x if able mr

Answer 41

Kingston

Question 42

delusional/paranoid (M’Naghten), epilepsy (Sullivan), hardening of the arteries (Kemp), diabetes w/o insulin (Hennessy), sleep walking/disorder (Burgess), diabetes w/o eating (Quick)

Answer 42

Insanity examples

Question 43

diabetes w/o eating (Quick), spasm, reflex action, convulsion, unconscious action, concussion (Bratty v A-G for NI), sneezing, hypnotism, blow to the head, bees, ptsd (Hill v Baxter)

Answer 43

Automatism examples

Question 44

“where the d chooses to take the intoxicating substance, or where the d has taken a prescribed drug knowing that it will make him intoxicated”

Answer 44

Voluntary Intoxication definition