10 Capacity Flashcards
1
Q
What 3 factors are required for automatism?
A
- The defendant suffered a complete loss of self-control
- This was caused by an external factor (sleepwalking is an internal factor - Burgess [1991])
- He was not at fault in losing capacity
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
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
4
Q
What are the requirements for Diminished Responsibility?
A
- The defendant suffered from an abnormality of mental functioning
- This was caused by a recognised medical condition
- The abnormality impaired his ability to understand the nature of his conduct, form a rational judgement or exercise self-control