Insanity and Automatism Flashcards
Defences
(I) What is insanity a defence for?
All offences that require mens rea.
(I) What did M’Naghten state?
That there must be elements needed to consider a D was insane. Came up with the legal definition for insanity.
(I) What did you need to show to use insanity?
That there was a defect of reason, due to a disease of the mind which prohibited the D from understanding the nature and quality of the Act.
(I) What does it mean by a defect of reason?
It means that D could not form a proper mental state. However, this has to be because of a disease of the mind.
(I) What is a disease of the mind? what are the cases that outlined them?
- Epilepsy - Sullivan
- Diabetes - Hennessey
- Sleepwalking - Burgess
(I) What must the defect of reason and disease of the mind cause?
An impact on D being unable to understand the nature and quality of their action.
(I) What did Windle rule?
If the D knew what they were doing was wrong, then they can’t use insanity.
(A) What offences is automatism a defence for?
It is a defence to all crimes.
(A) What does Automatism outline?
That the defendant’s actions were involuntary.
(A) What is the fundamental rule for Automatism?
That the cause must be external. Like a blow to the head.
(A) In a scenario question, what is a common condition you will see for automatism?
Diabetes, especially to do with insulin.
What does Quick rule? details?
Insulin is an external factor on your state of mind.
Quick was a diabetic who took too much insulin, ate little and drank alcohol. Because his state of mind was caused by the external factor of insulin, he could raise automatism.
What did Bailey rule? Details?
Bailey failed ot eat after taking insulin, even though it was self-induced it could still be an defence to specific intent offences.
With regards to diabetes, what would happen if the D did not take his insulin?
If the D did not take their insulin and that condition caused the outcome. It would be insanity as it is internal (as only the insulin is an external factor, the disease of diabetes is an internal factor).
What would the courts decide if the D took medicine?
If the medicine created a consequence which caused the outcome, automatism could be raised. As the medicine is an external factor as you ingest it, it is not already a part of your body.
