Insanity And Automatism

Question 1

What type of defence is insanity and automatism

Answer 1

A general defence

Question 2

R V M’Naghten sets out 4 requirements

Answer 2

1. A defect of reasoning
2. Disease of the mind
3. D did not know the nature and quality of their act
4. Didn’t know what they were doing was wrong

Question 3

What is defect of reason defined as

Answer 3

Deprived of the power of reasoning

Question 4

Disease of the mind

Answer 4

Many diseases count
R V Hennessy- diabetes

Question 5

What’s the 2 parts of not knowing the nature and quality of the act

Answer 5

1. Unconscious or impaired consciousness so it isn’t aware of what he is doing
   Or
   D is conscious, but due to condition does not understand or know what he’s doing

Question 6

D does not know that the act is wrong

Answer 6

R v Johnson - insanity was not available

Question 7

What is automatism

Answer 7

Crime committed by an involuntary act caused by an external factor

Question 8

What does the involuntary act show

Answer 8

D must have no control over their actions, ie it must be 100% involuntary. If D has any awareness about what they are doing. They can’t use the defence

Question 9

External factor

Answer 9

The cause of automatism must be external
R v Bailey

Question 10

What does self induced automatism mean

Answer 10

Self induced automatism means you must have the MR for the crime to be convicted