denials of offending Flashcards
(36 cards)
what is the concept of doli incapax
incapable of committing a criminal offence - applies to children under the age of 10
what would happen if an adult persuades a child aged 9 to steal from a shop?
the child cannot be convicted under doli incapax principle , but the adult may through an innocent agent
where is the ‘fitness to plead’ procedure located?
ss4, 4a and 5 of the criminal procedure (insanity) act 1964
fitness to plead factors - case law
Pritchard [1836]; John M [2003]
insanity is a general defence and can be pleaded to any offence
Look v CPS [2017]
governs the defence of insanity - case of murder of Sir Robert Peel’s secretary
M’ Nathan Rules [1843]
a mere absent mindedness is not a ‘defect of reason’
Clarke [1972] - stole goods from a supermarket
cerebral tumour is a disease of the mind
Bratty [1963]
arteriosclerosis - congestion of blood in the brain leading to unconsciousness is also a disease of the mind
Kemp [1957] - D wanted to plead automatism, judge left insanity to the jury
epilepsy amounts to insanity
Sullivan [1984]
sleepwalking is also classified as insanity
Burgess [1991]
reasoning behind the defence of insanity
protect society from dangerous conduct which is prone to reoccur
hyperglycaemia - high blood sugar - internal
only insanity is available - Hennessy [1989]
hypoglycaemia - low blood sugar - external
automatism - injection caused excess insulin
for the defence of insanity, when asking whether D knew that the act was wrong - a legal standard applies; not moral
Windle [1952]; Johnson [2007]
no defence for ‘irresistible impulse’
Kopsch [1927]
an act which is done by the muscles without any control of the mind
Lord Denning in Bratty [ 1963] - automatism
there must be a total loss of voluntary control
Broome v Perkins [1987]
a swarm of bees example; external factor
Hill v Baxter [1958]
what if D places his foot on the accelerator rather than the break pedal of his car? can that constitute a muscle spasm, hence allow for the defence of automatism?
AG’s Ref. [2001] - not available when D’s action was a voluntary physical ,movement
hypoglycaemia - low blood sugar - case law
Quick and Paddison [1972]; Bingham [1991]
PTSD causing a dissociative state will allow for the defence of automatism
T [1990] - D had been raped 3 days prior to the offence, court allowed her to plead automatism as there was a total loss of control
what is a crime of basic intent?
a crime which can be committed with a lesser mens era i.e. recklessness
what is a specific intent crime
a crime which required intention as the mens rea
