6. Defences Involving State of Mind - Summary

Question 1

Point 1

Must Know

Answer 1

• Legal insanity is defined in s23 of the Crimes Act 1961.

Question 2

Point 2

Must Know

Answer 2

• The prosecution has a duty to raise the issue of insanity. Where the defendant poses a risk to the community they can become the subject of a “restricted patient’ order under s54(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Question 3

Point 3

Must Know

Answer 3

• M’Naghten’s test is based on the rationality of the defendant and depends on whether the person was:
  − suffering from a disease of the mind that they did not know
  − aware of the nature and quality of their actions
  − aware that their actions were wrong.

Question 4

Point 4

Must Know

Answer 4

• Automatism is a state of total blackout when a person is not conscious of, nor in control of, their actions.

Question 5

Point 5

Must Know

Answer 5

• A defence of automatism may depend on whether the state of automatism is involuntary or self-induced and whether intent is present.

Question 6

Point 6

Must Know

Answer 6

• Intoxication can be used as a defence to any offence that requires intent.

Question 7

Point 7

Must Know

Answer 7

• In offences requiring simple or basic intent, a defence of intoxication is unlikely to succeed but may be used by way of mitigation of penalty.