6. Defences Involving State of Mind - Progress Test 5

Question 1

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

Must Know

Answer 1

1. Protected from criminal responsibility means not guilty of an offence but civil liability may
   still arise.

Question 2

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

Must Know

Answer 2

2. A child under 10 years has an absolute defence.

Question 3

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

Must Know

Answer 3

3. On the balance of probabilities.

Question 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?

Must Know

Answer 4

4. A question of law.

Question 5

5. What are the two types of automatism?

Must Know

Answer 5

5. The two types of automatism are sane and insane.

Question 6

6. How is automatism best described?

Must Know

Answer 6

6. Automatism is 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

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

Must Know

Answer 7

7. The result of a trial where the defendant is found to have been in a state of automatism from
   intoxication is complete acquittal.