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LAW OCR > Mental Capacity Defences > Flashcards

Mental Capacity Defences Flashcards

1
Q

Who does the burden of proof lay on when proving insanity and what is it proved on?

A

Defendant
Balance of probabilities

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2
Q

What is insanity sometimes known as?

A

Insane automatism

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3
Q

What does insanity negate?

A

Actus Reus, presumes act wasn’t voluntary

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4
Q

What are the 4 factors to prove?

A

Defect of reason
Disease of the mind
Nature and quality of act
Knowledge that the act was wrong

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5
Q

Defect of reason case and description

A

R v Clarke (1972), deprived of power to reason
Short periods of absentmindedness fall short

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6
Q

Disease of the mind cases and description

A

Legal not medical definition, malfunctioning of the mind.
- Arteriosclerosis: R v Kemp
- Epilepsy: R v Sullivan
- Diabetes: R v Hennessy
- Sleepwalking: R v Burgess

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7
Q

What does Devlin way about the disease of mind

A

The duration of temporary suspension of the “mental faculties of reason, memory and understanding is all that is required to satisfy the disease of mind requirement.”

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8
Q

Nature and quality of act cases and description

A

Codere: physical not moral nature of act: R v Oye (2013)

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9
Q

Knowledge that the act was wrong cases and description

A

legal not morally wrong : R v Windle (1952), R v Johnson (2007)

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10
Q

Insanity and voluntary intoxication, what must cause insanity

A

Internal factor, intoxicating substances are external, defence can’t be used: R v Quick, R v Coley

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11
Q

The M’Naghten Rules (1843)

A

Defendant is suffering from defect of reason + defect is due to disease of the mind + defendant does not know nature of quality of their action, or if they do know it, do not know it is wrong

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12
Q

What does automatism seek to prove?

A

Involuntary act caused by an external factor

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13
Q

What defines automatism?

A

Bratty v A.G for NI

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14
Q

What does Bratty v A.G for NI state?

A

Defendants will have a complete defence if they can show at the time of the offence they were not in control of their bodily movements, rendering their conduct involuntary

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15
Q

What are the 3 factors to prove automatism?

A

Involuntary act
External cause
Self induced automatism

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16
Q

Involuntary act cases and description

A

Total loss of voluntary control: Brooke v Perkins
Can include conditions like PTSD: R v T

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17
Q

External cause cases and description

A

Inability to control ones acts must be caused by an external factor
Not available via internal cause: R v Quick, R v Hennessy

18
Q

Self induced automatism facts and cases

A

If automatism results from an appropriate action with unforeseen consequences, defence can be used regardless of the crime.
Defence may not be available is automatised caused by the defendants own fault: R v Bailey
There and specific rules for specific and basic intent

19
Q

What is specific intent in automatism?

A

Crimes that only have intention as a level of mens rea (s.18 GBH)

20
Q

What is basic intent in automatism?

A

Crimes where the defendant has been reckless or negligent (s.20 GBH)

21
Q

Was are the specific intent facts?

A

Might still have a defence is automatism was self-induced as there was a lack of mens rea

22
Q

First rule of basic intent?

A

Defendant cannot use the defence if being reckless as it is a basic intent

23
Q

Second rule and case of basic intent?

A

Drinking, illegal drugs etc are reckless courses of action, therefore cannot use the defence: R v Coley, R v Majewski

24
Q

Third rule and case of basic intent?

A

If the defendant doesn’t know their actions are likely to lead to a self-induced automatic state they haven’t been reckless and can use the defence: R v Hardie

25
Q

What does intoxication include?

A

Full defence to any crimes, caused by alcohol and/or drugs. Only allowed then the defendant lacked the mens rea of the offence. Specific and basic intent applies

26
Q

What do you have to prove in intoxication?

A

If the defendant had the mens rea of the crime: R v Kingston
If the person intoxication are capable of forming the mens rea: Sheehan & Moore
If the defendant was intoxicated voluntary or not

27
Q

What does voluntary intoxication say?

A

Only ever a partial defence and it depends on the mens rea of the crime charged

28
Q

What if the voluntary intoxication was a specific intent and case?

A

Defendant can use defence if it can be proved they were so drunk they couldn’t form the mens rea: DPP v Beard

29
Q

What is the voluntary intoxication was a basic intent?

A

Cannot use the defence: DDP v Majewski

30
Q

What are the 3 points in involuntary intoxication?

A

Prescribed drugs
Soporific drugs
Laced drugs

31
Q

What is the defence of prescribed drugs?

A

Full defence, courts don’t regard taking prescribed drugs reckless

32
Q

What is the defence of soporific drugs?

A

In some circumstances they have a defence

33
Q

What is the case of soporific drugs?

A

R v Hardie

34
Q

What is the defence of laced drugs?

A

Full defence, not voluntary, applies to if you were a unaware of a drink having a high alcohol content

35
Q

Case of laced drugs?

A

Allen

36
Q

What does intoxicated mistake say?

A

They can have a defence depending on what they are mistaken about?

37
Q

What are the cases of intoxicated mistake?

A

R v Lipman
R v O’Grady
R v Hatton

38
Q

What does the CJ&I Act (2008) (s.76(5)) say

A

Reasonable force may be used for self defence/ prevention of crime

39
Q

What does s.76(5) state?

A

“Does not enable a defendant to rely on any mistaken belief attributable to intoxication that was voluntarily induced”

40
Q

What have the words attributable to intoxication mentioned? + case

A

A mistaken state of mind comes about as a result of:
- Being drunk or intoxicated at the time
- Short term effects of the intoxication triggering subsequent episodes(E.G paranoia) case of Taj

LAW OCR (7 decks)

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