3.19)Insanity & Automatism Flashcards
(21 cards)
Define “Insanity”
A defect of reason from a disease of the mind, which means D either does not know the nature and quality of his act or does know it but not that it’s wrong.
Define “Organic Insanity”
The brain has been damaged by a physical disease, eg epilepsy or Alzheimer’s
Define “Functional Insanity”
When there is no organic reason for the damage to the brain
Where does the definition of “Insanity” come from
M’Naghten Rules 1843
What does “M’Naghten [1843]” entail
D was suffering from extreme paranoia and thought he was being persecuted by the government, so he killed a member of it, but was found not guilty due to his mental state
D was suffering from extreme paranoia and thought he was being persecuted by the government, so he killed a member of it, but was found not guilty due to his mental state
M’Naghten [1843]
Define “Defect of Reason”
Ds powers of reasoning are impaired
What does “R v Clarke [1972]” entail
That moments of confusion and absent-mindedness do not amount to insanity, as D tried to defend theft
Define “Disease of the Mind”
A legal term meaning either a mental or physical disease
What does “R v Sullivan [1984] entail
That insanity can be permanent, transient or intermittent, as D injured a man whilst having an epileptic fit and didn’t know what he was doing
What are the rules for “Not knowing the nature and quality of an act”
1)D is unconscious or has impaired consciousness
2)They are conscious, but due to their mental condition, they do not understand what they are doing
What does “R v Windle [1952]”
Insanity could not be used when D knows that what they are doing is legally wrong as D during a mental crisis assisted his wife in suicide but then gave himself up
What can a Judge impose after a “Special Verdict”
1)A Hospital Order
2)A Supervision Order
3)An Absolute Discharge
Define “Automatism”
An act done by the muscles without any control by the mind, or an act done by someone who is not conscious of what they are doing
Define “Insane Automatism”
When the cause of automatism is a disease of the mind
Define “Non-Insane Automatism”
When the cause of automatism is external
What are the key elements of “Automatism”
1)D acts without any control by the mind
2)The cause is external
3)Not self-induced
What does “Attorney General’s Reference No 2 [1992]” entail
That impaired, reduced or partial control is not enough, and there must be a total destruction of voluntary control as D entered a trance-like state whilst driving, killing 2 people
What does “R v T [1990]” entail
The defence of automatism was able to be used as Ds dissociative state of mind was caused by an external event of rape leaving her with PTSD whilst commiting ABH and robbery
What are examples of “Self-Induced Automatism”
1)Knowingly not eating after taking insulin as a diabetic
2)Drinking alcohol after taking medication whilst being told not so by a doctor
What does “R v Bailey [1961]” entail
D’s conviction was upheld after he assaulted someone over the head with an iron bar after forgetting to eat, after taking insulin as a diabetic, as he failed to provide enough evidence
