insanity and automatism defences Flashcards
(16 cards)
INS - what crimes is insanity a defence for?
where mens rea is required (intention or recklessness)
Not for where no mens rea is needed e.g. speeding
INS - what is insanity caused by?
internal and usually mental element
INS - what kind of defence is insanity?
mental capacity defence
raised by D to prove they were unable to form MR
INS - what will the insanity defence result in?
a special verdict of not guilty by reason of insanity
INS - what is the case that sets out the rules on how to prove insanity?
M’Naghten 1843
INS - how do you set out these rules?
all 3 an in order
INS - what are the 3 rules?
- defect of reason
- disease of the mind
- D didn’t know nature and quality of the act AND that it was morally wrong
INS - what is not enough for a defect of reason and case?
absentmindness
R v Clarke
INS - for disease of mind what is the rule and case?
must be due to an internal factor and a malfunctioning of the mind
R v Kemp
INS - case for what the D did not understand the nature and quality of his act and that it was morally wrong?
R v Windle
INS. - what must D also not understand for insanity?
that his act was legally wrong
INS - what does the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 mean?
special verdict
court issue a hospital order
guardianship order under Mental Health Act 1983
a supervision and treatment order
Absolute discharge
AUT - what case defines automatism and its definition?
Bratty v AG of NI 1963
the performance of actions without conscious thought or intention due to an external factor
AUT - what does the D need to prove with cases?
- they were acting involuntary, partial loss is insufficient (AG ref no.2 of 1992)
- due to an external factor e.g. medication (R v Quick)
AUT - principle from R v Bailey
cannot be self induced
AUT - when will it be a complete defence?
when D is unable to form MR
