Legalities

Question 1

Pritchard criteria

Answer 1

‘Test’ for fitness to plead

• Understand the course of proceedings on trial
• To comprehend details of the evidence
• To know they might challenge any of the jurors they might object
• To instruct legal counsel

Question 2

Criminal law

Answer 2

2 components:
1. Actus reus - voluntary act of a crime
2. Mens rea - evil intent of the crime

An evil intent cannot exist when an offender’s mental status is so deficient / abnormal / diseased to have deprived the offender of the capacity of rational intent

Question 3

MacArthur Structured Assessment of the Competence of Criminal Defendants

Answer 3

Fitness to plead

47 item measure was reduced to a 22 item clinical instrument; MacCAT-CA

Question 4

Fitness to plead

Answer 4

Always initial assumption of fitness

2 medical practitioners must give evidence

Fitness raised as an issue by prosecution: ‘beyond reasonable doubt’, raised by the defence: ‘balance of probabilities’

Question 5

M’Naughten Rules (1843)

Answer 5

Not guilty by reason of insanity

1. A defect of reason
2. Due to a disease of mind
3. Leading to loss of appreciation of nature and quality of an act
4. The accused did not realise that what they were doing is wrong

Question 6

M’Naughten Rules cont…

Answer 6

Burden of proof lies with defence

Jury decide if the defence is suitable

Flexible disposals

Question 7

Diminished responsibility

Answer 7

Solely for murder, reduces charge to manslaughter

Must demonstrate absence of mens rea

Disposal sentences for manslaughter aren’t restricted

Females and those with no criminal record are more likely to be granted this offence

Question 8

Automatism

Answer 8

Legal classifications: sane and insane

Automatism simpliciter (‘sane automatism’ or ‘automatism’) - extrinsic cause

Insane automatism - intrinsic cause

Question 9

Insane: not guilty by reasons of insanity

Answer 9

Homicide = indefinite stay in psychiatric setting

Other offences: various disposals based on Criminal Procedure Act

Question 10

Features that support sleepwalking as an automatism defence

Answer 10

Family / personal history of sleepwalking
Occurs within 2-3 hours of sleep onset
Inappropriate behaviour with element of confusion witnessed
Presence of trigger factors e.g. alcohol, fatigue, stress
Confused and disorientated if woken during episode
No recollection
No attempts to conceal the crime
Defendants reaction to the crime (horror, perplexity etc)

Question 11

Culpable homicide (outcome of diminished responsibility argument)

Answer 11

Lies in between manslaughter and homicide

Voluntary or involuntary

Question 12

Intoxication

Answer 12

Used very rarely as a defence

Involuntary e.g. ‘spiked’, prescribed drugs, using substance that is not dangerous but in a reckless manner

Voluntary - cannot be used as a defence

Question 13

Mitigating factors

Answer 13

Factors that can reduce the culpability of the defendant:

Being provoked, age of vulnerability, mental disorder or ID, involuntary intoxication, showing remorse, limited role in the offence

Question 14

Confessions

Answer 14

3 types of false confessions: voluntary false confession, coerced-compliant confession, coerced-internalised confession