mental capacity defenses

Question 1

intoxicatiion defenition

Answer 1

intoxication is where a defendant is so intoxicated they are unable to form the mens rea for the defense

Question 2

8 factors of intoxication with cases

Answer 2

1) defenition
2) specific intent/ basic intent crime def
3) how can D be intoxicated
4) VI + SI = BI alternative instead or aquitted if no BI aletnative (dpp v beard)
5) where drunk and forms mr or mr prior defense will not work (r v sheehan v moor)
6) VI + BI defense fail, reckless for being intoxicated (r v majewski)
7) involuntary + BI/SI defense can be used (r v kingston)
8) mistaken about key fact ordinary rules apply (r v lipman)

Question 3

defenition of insanity

Answer 3

insanity is defined in r v mcnaughten as a defect of reason drom a disease of mind not understanding the nature or quality of the act

Question 4

4 factors of insanity with cases

Answer 4

1) defenition (r v mcnaughton)
2) defect of reason, total deprivation of power, can form reason or rationalise thoughts (r v clarke)
3) disease of mind, physical or physchological condition which effects mind e.g hyperglycemia (not taken medicine) (r v kemp)
4) not know nature or quality, leggally wrong, not conscious of actions (r v oye)

Question 5

defenition of automitism

Answer 5

an action done by th3e muscles without any control of the mind which leads to a full aquital (r v bratty)

Question 6

6 factors of automitism with cases

Answer 6

1) defenition (r v bratty)
2) automatic state, destruction of voluntary control (hill v baxter)
3) state caused by external factor e.g hypoglycemia ( took something) (r v quick)
4) where the defendant is aware their actions will bring on this state defnse fails (r v lipman)
5) SI crime can rely (r v hardie)
6) BI crime defense fails (r v coley)