10 Capacity Flashcards

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1
Q

What 3 factors are required for automatism?

A
  1. The defendant suffered a complete loss of self-control
  2. This was caused by an external factor (sleepwalking is an internal factor - Burgess [1991])
  3. He was not at fault in losing capacity
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2
Q

What is the definition of insanity?

A

a. The defendant was suffering from a defect of reason caused by a disease of the mind
b. They did not know the nature or quality of their act
c. They did not know that what they were doing was wrong

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3
Q

Why is disease of the mind controversial?

A
  • It is not a medical term but a legal one

- It does not need to be a disease; an injury such as a hit on the head will suffice

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4
Q

What are the requirements for Diminished Responsibility?

A
  1. The defendant suffered from an abnormality of mental functioning
  2. This was caused by a recognised medical condition
  3. The abnormality impaired his ability to understand the nature of his conduct, form a rational judgement or exercise self-control
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