WEEK 11 Flashcards
(39 cards)
What are the two main types of incapacity defences in criminal law?
Insanity and automatism
Both are often referred to as incapacity defences.
What does insanity explain in relation to criminal responsibility?
Insanity explains lack of mens rea (MR) due to internal factors, including medical conditions
Example: D kills V under delusion they are breaking a jar.
What does automatism explain in relation to criminal responsibility?
Automatism explains lack of mens rea (MR) due to external factors affecting D
Automatism denies an element of the offence.
In a problem question, when should insanity and automatism be discussed?
After analyzing both actus reus (AR) and mens rea (MR)
Consider intoxication as well.
What is the presumption regarding a defendant’s mental state in insanity cases?
The law presumes that D is sane
D must prove insanity on the balance of probabilities.
What is the consequence of a successful insanity defence?
A special verdict of ‘not guilty by reason of insanity’
Governed by the Trial of Lunatics Act 1883.
What were the disposal options available after a successful insanity defence before 1991?
Indefinite detention in a hospital
Now, the court can impose a hospital order, supervision order, or absolute discharge.
What are the M’Naughten rules regarding insanity?
D must be laboring under a defect of reason due to disease of the mind, not knowing the nature and quality of their act or that it was wrong
Established in M’Naughten [1843].
What is the legal definition of ‘disease of the mind’?
A legal concept, not medical; requires medical evidence
Examples include conditions affecting mental faculties like reason, memory, and understanding.
What constitutes a ‘defect of reason’?
A deprivation of the power to reason, not mere stupidity or absent-mindedness
Clarke [1972] case illustrates this distinction.
What must D demonstrate under the insanity defence regarding their understanding of their actions?
D must show they did not know the nature and quality of their act or that it was wrong
Codere [1916] and Windle [1952] provide examples.
What is the difference between insanity and automatism regarding causation?
Insanity is caused by internal factors; automatism is caused by external factors
Examples: mental disorders for insanity, concussion for automatism.
What is the burden of proof in insanity cases?
Burden of proof is on D to prove insanity
This contrasts with automatism where burden of proof is on the prosecution.
What is the definition of automatism in criminal law?
A state where D claims an external factor affected their body, causing lack of voluntariness
Full acquittal if successful.
What is required for D to successfully claim automatism?
D must act involuntarily, lacking voluntary control over bodily movements
Bratty [1963] defines involuntariness.
What happens if D’s automatism is self-induced?
D is generally not allowed to use automatism as a defence
This is due to the prior fault rule.
What must be established regarding the voluntariness of D’s actions in automatism cases?
D must show they acted involuntarily in a state of automatism
High level of involuntariness is required.
What is the significance of the prior fault rule in automatism cases?
If D is found to have prior fault, they may be held liable
This applies particularly if D foresaw the risk of automatism.
What is the difference between basic intent and specific intent crimes regarding automatism?
The classification affects whether automatism can be used as a defence
Self-induced automatism typically does not apply to specific intent crimes.
What is the classification of an offence as either specific intent or basic intent?
The classification affects the application of defences like automatism.
What is the prior fault test in relation to automatism?
The prior fault test is recklessness.
In Bailey [1983], under what condition is D considered at prior fault?
If D subjectively foresaw the risk of automatism.
True or False: Self-induced automatism may provide a defence to crimes of basic intent.
True.
What are dangerous drugs commonly known to create?
States of unpredictability or aggression.
