Definitions Flashcards
(4 cards)
What is insanity?
M’Naughten - to establish a defence on the grounds of insanity, it must be clearly proved that, at the time of the act, the party accused was labouring under such a defect of reasoning; or if he did know it, that he did not know he was doing what was wrong
Verdict of defence against insanity?
Defendant must prove in the balance of probabilities that he/she is insane and, if the test is met, the judge returns a special judgement of “not guilty by reason of insanity”
What is automatism?
Lord Denning defined automatism in R v Bratty as “an act is done by the muscles without any control by the mind (such as spasm, reflex actions or a convulsion) or an act done by a person who is not conscious of what he is doing (sleeping or suffering from concussion)
Verdict of automatism
No special verdict for automatism as the outcome is full acquittal
