Mental Capacity Defences (Need to do reforms)

Question 1

What are the mental capacity defences?

Answer 1

Insanity, Automatism, Intoxication

Question 2

What happens if you prove you suffer insanity?

Answer 2

There is a special verdict.

Question 3

What is the special verdict?

Answer 3

‘Not guilty by reason of insanity’, but must be proved within the legal rules of insanity.

Question 4

What type of offences does the special verdict not apply to?

Answer 4

Strict liability offences because no MR is required for these.

Question 5

What rules apply to insanity?

Answer 5

The M’Naghten Rules.

Question 6

What are the M’Naghten Rules?

Answer 6

To be insanity there must be:

1. A defect of reason
2. Which must be the result of a disease of the mind
3. Causing D to not to know the quality/nature of act or not know they were doing wrong.

Question 7

What type of defence is insanity?

Answer 7

A full defence

Question 8

Who is the burden of proof on when insanity is used as a defence?

Answer 8

Burden of proof is on the defence.

Question 9

Insanity - powers of reasoning compared to absent minded or confused?

Answer 9

If D’s powers of reasoning is impaired then is a defect of reason + insanity. If absent-minded/confused then it’s not. (R v Clarke)

Question 10

What must a defect of reason be caused by?

Answer 10

Disease of the mind - a legal, not medical term. Meaning any disease that affects the mind. (R v Kemp)

Question 11

Insanity - epilepsy

Answer 11

In R v Sullivan the final ruling was that the disease can be any part of body that has an effect on mind. Therefore a defence.

Question 12

Insanity- Diabetes

Answer 12

R v Hennessy- diabetes (high blood sugar levels) also classed as insanity as have an effect on mind.

Question 13

Insanity - sleepwalking

Answer 13

R v Burgess ruled that in some circumstances it can be a defence of insanity.

Question 14

Insanity - External cause

Answer 14

R v Quick showed that external cause (like blow to head) cannot be used as a defence of insanity.

Question 15

What options are left for judge to impose on the defendant who successfully pleads guilty?

Answer 15

• Send D to mental hospital
• Impose a hospital order
• Issue a supervision order
• Issue an absolute discharge

Question 16

What charge for insanity would you get if commit murder?

Answer 16

If murder then an indefinite hospital order must be imposed.

Question 17

Evaluation of insanity - M’Naghten Rules

Answer 17

Date from 1843, time when no knowledge of mental disorders was limited.

Question 18

Evaluation of insanity - Legal Definitions

Answer 18

1. Certain mental disorders not covered (such as irresistible impulses)
2. People suffering from certain physical illnesses can be considered legally insane, such as sleep walkers.

Question 19

Evaluation on Insanity - Overlap with automatism

Answer 19

Insane automatism is caused by a “disease of the mind”. However if you plead this then you are allowed aa full acquittal whereas insanity causes judge to impose an order.

Question 20

Evaluation of Insanity - Social Stigma

Answer 20

It is bad enough to describe people with mental disorders with this, but also it may apply to people suffering with diabetes and epilepsy. Law Commission tried to remove this.

Question 21

Evaluation of insanity

Answer 21

Problem with placing the burden of proof on D. Could breach article 6 of the European Convention on Human Rights as it should be left to medical experts instead.

Question 22

What are the three different automatisms?

Answer 22

Insane
Non-Insane
Self-Induced

Question 23

What is Insane automatism?

Answer 23

• A disease of the mind within M’Naghten Rules

- Verdict of not guilty by reason of insanity (e.g. sleepwalking)

Question 24

What is self-induced automatism?

Answer 24

When D knows their conduct is likely to bring around automatism.

Question 25

What is Non-insane automatism?

Answer 25

Defence when the AR of crime by D is not voluntary. D must also not have the required MR.
Cause of automatism must be external (blow to head, sneezing etc).

Question 26

Self-induced automatism - basic intent offences

Answer 26

If specific intent then self-induced automatism can be a defence, because D lacks the required MR.

Question 27

Self-induced automatism - basic intent

Answer 27

More complicated. Main rule is that D cannot use the defence of automatism if they were reckless.

Question 28

What does the charge of guilty or not depend on in intoxication?

Answer 28

Whether:

• The intoxication was voluntary or involuntary
• Whether the offence was specific intent or basic