Capacity Defences

Question 1

Insanity

Answer 1

M’Naghten Rules is what needs to be proved:

1) Defect of reason, must be deprived of power to reason.

2) Caused by disease of mind.

3) result in a person not knowing the nature and quality of their act or appreciating that act was wrong

Question 2

Automatism

Answer 2

You have not willed the act, your body is acting without your mind being in control.

Must be a total loss of control.

The cause must be something external.

Question 3

Intoxication

Answer 3

Not usually enable someone to avoid criminal liability.

Voluntary intoxication only a defence to murder or s.18.

Person must be so intoxicated that they can’t form a mens rea.

Involuntary Intoxication a complete defence as long as mens rea cannot be formed.

Question 4

Insanity Case: R v M’Naghten

Answer 4

M killed an official while suffering from extreme paranoia.

Led to the formulation of insanity test.

Question 5

Automatism Case: Bratty v A-G for Northern Ireland

Answer 5

D strangled and killed his girlfriend during a ‘blackout’.
Led to creation of test for automatism.

Question 6

Intoxication Case: DPP v Majewski

Answer 6

D drank loads of alcohol and drugs; got into a fight.
Conviction of ABH upheld due to recklessness in getting intoxicated.