6. Defences Involving state of mind 71-86 Flashcards
Who raises the issue of insanity?
Defence
Can a judge put the issue of insanity to the jury?
Yes
Can a person be acquitted of a charge even if they have no put up a defence of insanity?
Yes. If there is strong evidence that the defendant did commit the alleged offence but was insane at the time.
What is the level of proof defence needs to show about insanity?
On the balance of probabilities. The jury thinks that it is more likely the defendant is insane that not.
Is insanity a legal question or a medical one?
Legal
What is NOT included in “disease of the mind”?
Temporary mental disorder caused by some external factor e.g. blow on the head, absorption of drugs, alcohol
A defence is established if mental disease rendered the defendant…….
Incapable of understanding the nature and quality of the act or omission
Does a defendant need to know an act was legally wrong?
No, the fact that they knew it was morally wrong is sufficient
Define automatism
A state of total blackout, during which a person is not conscious of their actions and not in control of them
What is the common law rule for criminal liability for acts done while in a state of automatism?
No criminal liability, actions are involuntary
examples of causes of automatism
Concussion
Sleep walking
Brain tumour
Alcohol/ drugs
Define ‘sane automatism’
The result of sleepwalking, a blow to the head or the effect of drugs
Define ‘insane automatism’
The result of a mental disease
what are the 3 situations where intoxication may be a defence to the commission of an offence?
- 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
What level of doubt must defence establish for intoxication to succeed as a defence?
Reasonable doubt about the defendants required state of mind at the time of the offence
True or false: Intoxication can be used as a defence in NZ to any crime that requires intent.
True
What do you call an offence that does not require an intent?
A strict liability offence
What is the only way a defendant can escape liability for a strict liability offence?
Prove a total absence of fault
What does s25 CA say about ignorance of the law?
It is not an excuse for an offence
- What does “protected from criminal responsibility” mean?
Not guilty of an offence but civil liability may still arise
- What type of defence does a child under 10 years have?
An absolute defence
- What is the standard of proof required to prove the defence of insanity to the satisfaction of the jury?
On the balance of probabilities
- 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?
A question of law
- What are the two types of automatism?
Sane and insane
- What is the likely result of a trial where the defendant is found to have been in a state of automatism from intoxication?
Complete acquittal
