6. Defences involving state of mind

Question 1

Who raises issue of insanity

Answer 1

Defence however a judge may put the issue of insanity before the jury

Question 2

Caselaw cottle - burden of proof

Answer 2

As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt

Question 3

Burden of proof for insanity

Answer 3

Defendant is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities

Question 4

M’naghtens rules

Answer 4

Used to establish whether or not defendant is insane. Based on persons ability to think rationally

• nature and quality of their actions or
• that what they were doing was wrong

Question 5

Caselaw codere

N
M
P

C
P
K

Answer 5

Nature and quality of the act
Means the physical character of the act. The
Phrase does not involve any
Consideration of the accusers moral
Perception not his
Knowledge of the moral quality of the act

Provided succinct definitions of what constitutes the nature and quality of an act
So deluded that he cuts a woman’s throat believing he is cutting a loaf of bread would not know his nature and quality of he act

Question 6

Automatism definition

Answer 6

Best described as a state of total blackout during which a person is not conscious of their actions and not in control of them.

Question 7

Automatism caselaw cottle

Answer 7

Doing something without knowledge of it and without memory afterwards if having done it. A temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements

Question 8

Automatism cause by consumption of alcohol or drugs

Answer 8

Where automatism is brought about by a voluntary intake of alcohol or drugs the court may be reluctant to accept that the actions were involuntary or that the offender lacked intention

Question 9

Sane vs insane automatism

Answer 9

Sane = result of somnambulism (sleep walking), a blow to the head or effects of drugs

Insane = the result of mental disease

Question 10

When is intoxication a defence?

Answer 10

• Where intoxication causes a disease of the mind so as to bring insanity
• if intent is required as an essential element of the offence and the drunkenness is such that the defence can pleas a lack of intent to commit the offence
• where intoxication causes a state of automatism

Question 11

Crown must prove intent required, caselaw Kamipeli

Answer 11

Make it clear that for intoxication to succeed as a defence all you need to establish is reasonable doubt about the defendants required state of mind at the time of the offence

Question 12

Ignorance of law

Answer 12

If the offender is ignorant of the law this is not an excuse and this applies whether the offender is from this country or from overseas

Question 13

Caselaw Clark

D
J
I
M
U
U
F
I
S

Answer 13

Decision as to an accused instanity is always for the
jury and a verdict
Inconsistent with
Medical evidence is not necessarily
Unreasonable. But where
Unchallenged medical evidence is supported by the surrounding
facts a jury verdict must be founded on that evidence which
In this case
Shows that the accused did not and had been unable to know that his act is morally wrong

Question 14

Nz courts view on automism as defence

Answer 14

Likely to steer middle course allowing defence of automatism to offences of basic intent only.

Likely to disallow defence where state of mind is obviously

• self induced
• person is blame worthy
• consequences could have been expected