6. Defences Involving state of mind 71-86

Question 1

Who raises the issue of insanity?

Answer 1

Defence

Question 2

Can a judge put the issue of insanity to the jury?

Answer 2

Yes

Question 3

Can a person be acquitted of a charge even if they have no put up a defence of insanity?

Answer 3

Yes. If there is strong evidence that the defendant did commit the alleged offence but was insane at the time.

Question 4

What is the level of proof defence needs to show about insanity?

Answer 4

On the balance of probabilities. The jury thinks that it is more likely the defendant is insane that not.

Question 5

Is insanity a legal question or a medical one?

Answer 5

Legal

Question 6

What is NOT included in “disease of the mind”?

Answer 6

Temporary mental disorder caused by some external factor e.g. blow on the head, absorption of drugs, alcohol

Question 7

A defence is established if mental disease rendered the defendant…….

Answer 7

Incapable of understanding the nature and quality of the act or omission

Question 8

Does a defendant need to know an act was legally wrong?

Answer 8

No, the fact that they knew it was morally wrong is sufficient

Question 9

Define automatism

Answer 9

A state of total blackout, during which a person is not conscious of their actions and not in control of them

Question 10

What is the common law rule for criminal liability for acts done while in a state of automatism?

Answer 10

No criminal liability, actions are involuntary

Question 11

examples of causes of automatism

Answer 11

Concussion
Sleep walking
Brain tumour
Alcohol/ drugs

Question 12

Define ‘sane automatism’

Answer 12

The result of sleepwalking, a blow to the head or the effect of drugs

Question 13

Define ‘insane automatism’

Answer 13

The result of a mental disease

Question 14

what are the 3 situations where intoxication may be a defence to the commission of an offence?

Answer 14

• Where intoxication causes a disease of the mind so as to bring s23 (insanity) of CA into effect
• If intent is required as an essential element of the offence and the drunkenness is such that the defence can plead a lack of intent to commit the offence
• Where the intoxication causes a state of automatism

Question 15

What level of doubt must defence establish for intoxication to succeed as a defence?

Answer 15

Reasonable doubt about the defendants required state of mind at the time of the offence

Question 16

True or false: Intoxication can be used as a defence in NZ to any crime that requires intent.

Answer 16

True

Question 17

What do you call an offence that does not require an intent?

Answer 17

A strict liability offence

Question 18

What is the only way a defendant can escape liability for a strict liability offence?

Answer 18

Prove a total absence of fault

Question 19

What does s25 CA say about ignorance of the law?

Answer 19

It is not an excuse for an offence

Question 20

1. What does “protected from criminal responsibility” mean?

Answer 20

Not guilty of an offence but civil liability may still arise

Question 21

2. What type of defence does a child under 10 years have?

Answer 21

An absolute defence

Question 22

3. What is the standard of proof required to prove the defence of insanity to the satisfaction of the jury?

Answer 22

On the balance of probabilities

Question 23

4. Is the term “disease of the mind” a question of Fact for the jury to decide or a question of Law for the judge to decide?

Answer 23

A question of law

Question 24

5. What are the two types of automatism?

Answer 24

Sane and insane

Question 25

6. What is the likely result of a trial where the defendant is found to have been in a state of automatism from intoxication?

Answer 25

Complete acquittal