Insanity and automatism

Question 1

Where do the rules for insanity come from?

Answer 1

M’Naughten

Question 2

When was the case of M’Naughten?

Answer 2

1843

Question 3

What is the definition of insanity?

Answer 3

1. A defect of reason
2. Which is a result of a disease of the mind
3. Which causes D not to know the nature and quality of his act or not know he was doing wrong

Question 4

What kind of defence is insanity?

Answer 4

A complete defence

Question 5

What was the only sentencing option before 1991?

Answer 5

Sending D to a mental hospital

Question 6

What are the current sentences a judge can impose

Answer 6

A hospital order
A supervision order
An absolute discharge

Question 7

What does defect of reason mean?

Answer 7

D’s powers of reasoning must be impaired

Question 8

What is not a defect of reason?

Answer 8

Where D is capable of reason but has failed to use these Powers

Question 9

Give the facts of Clarke

Answer 9

D stole items from a supermarket but claimed to have no recollection of doing so

Question 10

Give the ratio of Clarke?

Answer 10

Confusion or absent mindedness is not sufficient for defect of reason

Question 11

Define a disease of the mind

Answer 11

A mental disease or a physical disease which affects the mind

Question 12

Give the facts of Kemp

Answer 12

D had hardening of the arteries which caused temporary loss of consciousness during which he attacked his wife brutally

Question 13

Give the decision in Kemp

Answer 13

Not guilty by reason of insanity

Question 14

Give the ratio of Kemp

Answer 14

Physical diseases which affect the mind are sufficient for insanity

Question 15

Give the facts of Sullivan

Answer 15

D was an epileptic known to be violent during fits, he injured a man

Question 16

Give the ratio of Sullivan

Answer 16

The impairment does not need to be permanent providing it existed at the time of the offence

Question 17

Give two Ao2 criticisms of the term “disease of the mind”

Answer 17

Its a legal definition not a medical one

It bears no link to psychological evidence

Question 18

Give the facts of Burgess

Answer 18

D attacked his girlfriend in his sleep

Question 19

Give the decision in Burgess

Answer 19

Not guilty by reason of insanity

Question 20

Give the ratio of Burgess

Answer 20

Sleepwalking is a sleep disorder and is therefore a disease of the mind

Question 21

Give the facts of Lowe

Answer 21

D murdered his father and cleaned it up all while sleepwalking

Question 22

Give the decision in Lowe

Answer 22

Not guilty by reason of insanity

Question 23

Give the ratio of Lowe

Answer 23

Sleepwalking is a disease of the mind

Question 24

Give the facts of Thomas

Answer 24

D suffered from night terrors and murdered his wife during one

Question 25

Give the decision in Thomas

Answer 25

The jury found him not guilty but there were grounds for insanity

Question 26

Give the ratio of Thomas

Answer 26

Sleep disorders are diseases of the mind

Question 27

Give the facts of Bilton

Answer 27

D raped a girl three times while sleepwalking

Question 28

Give the decision of Bilton

Answer 28

Not guilty by reason of insanity

Question 29

Give the ratio of Bilton

Answer 29

Sleep disorders are diseases of the mind

Question 30

Give the facts of Ecott

Answer 30

D raped an underage girl while sleepwalking

Question 31

Give the decision of Ecott

Answer 31

Not guilty by reason of insanity

Question 32

Give the ratio of Ecott

Answer 32

Sleep disorders are diseases of the mind

Question 33

Give the facts of Hennessy

Answer 33

D was a diabetic who had not taken his insulin in three days, he stole a car but had no recollection of doing it

Question 34

Give the decision of Hennessy

Answer 34

There were grounds for insanity but D had wanted non insane automatism

Question 35

Give the ratio of Hennessy

Answer 35

Hyperglycaemic diabetes is a disease of the mind because his high blood sugar levels affect the mind

Question 36

Give the facts of Quick

Answer 36

D was a diabetic who took his insulin but hadnt ate enough, causing him to assault V

Question 37

Give the decision of Quick

Answer 37

D could rely on automatism

Question 38

Give the ratio of Quick

Answer 38

Since D was hypoglycaemic and insulin is an external factor D could rely on automatism

Question 39

Give the facts of Windle

Answer 39

D killed his wife who constantly said she wanted to kill herself then said “i suppose theyll hang me for this”

Question 40

Give the decision of Windle

Answer 40

Defence of insanity not available

Question 41

Give the ratio of Windle

Answer 41

Where D knows the nature and quality of his acts there is no defence

Question 42

Give the lead case that defines non insane automatism

Answer 42

Bratty

Question 43

Who define automatism in Bratty?

Answer 43

Lord Denning

Question 44

Give the definition Denning states in Bratty

Answer 44

Automatism is an act done by the muscles with no control of the mind, such as a spasm, a reflex action or a convulsion, or an act done by a person who is not conscious of what he is doing such as an act done while suffering from a concussion or sleepwalking

Question 45

Give the facts of Bingham

Answer 45

D was a diabetic charged with theft to the amount of £1, he was hypoglycaemic and unaware of his actions at the time

Question 46

Give the ratio of Bingham

Answer 46

Hypoglycaemia is an external factor so automatism can be relied on

Question 47

Give the facts of Charlson

Answer 47

D hit his son with a hammer then threw him in a river while suffering from a cerebral tumour

Question 48

Give the decision in Charlson

Answer 48

Not guilty - automatism, the question of insanity was not raised

Question 49

Give the ratio of Charlson

Answer 49

D did not know what he was doing, so that his mind was not in control of his limbs

Question 50

Give the facts of Antonuik

Answer 50

D was raped and stabbed her rapist she claimed to be suffering from amnesia at the time because of the shock of being raped

Question 51

Give the decision in Antonuik

Answer 51

D not guilty - Automatism

Question 52

Give the ratio of Antonuik

Answer 52

The judge said if her amnesia was real she was not to be convicted

Question 53

Give the facts of Watmore and Jenkins

Answer 53

D drove dangerously during a hypoglycaemic episode

Question 54

Give the decision of Watmore v Jenkins

Answer 54

D not guilty - automatism

Question 55

Give the facts of Wholley

Answer 55

D had a sneezing fit and crashed his car

Question 56

Give the decision in Wholley

Answer 56

D was successful with automatism

Question 57

Give the ratio of Wholley

Answer 57

Sneezing is an act done by the muscles with no control by the mind so D was not guilty

Question 58

Give the facts of Hardie

Answer 58

D took a valium to try and calm done, it had the adverse effect and he set fire to a wardrobe

Question 59

Give the decision in Hardie

Answer 59

Not guilty - automatism

Question 60

Give the facts of Mkizy

Answer 60

D was epileptic and stabbed his sister during a fit

Question 61

Give the decision of Mkizy

Answer 61

Successful with automatism

Question 62

Give the facts of Attorney Generals Reference

Answer 62

D was driving without awareness but was able to partially brake when crashing

Question 63

Give the decision in Attorney Generals Reference

Answer 63

Successful with defence but shouldnt have been

Question 64

What is the ratio of Attorney Generals Reference

Answer 64

There must be a complete destruction of Voluntary control

Question 65

Give the facts of Rabey

Answer 65

Committed a crime because his girlfriend broke up with him

Question 66

Give the ratio of Rabey

Answer 66

Court said the “ordinary stresses and disappointments of everyday life arent enough”