Capacity

Question 1

C v DPP 1995

Answer 1

INFANCY
Damage property - 12yo- knew he was in trouble
Doli Incapax

Question 2

R v JTB 2009

Answer 2

INFANCY
Inciting under age sexual activity - 12 yo
s34 abolished Doli defence itself, not merely the presumption

Question 3

Wells 2015

Answer 3

FITNESS TO PLEAD
Unrestricted hospital order
Trial of the facts? - can use interview with warning

Question 4

R v M, Kerr and H 2002

Answer 4

FITNESS TO PLEAD

Understand charge, plea, challenge witness, instruct, follow, testify

Question 5

Grant 2002

Answer 5

FITNESS TO PLEAD

Hospital - conflict HRA? - not arbitrary

Question 6

M’Naghten Case 1843

Answer 6

INSANITY
Defect of reason caused by disease of the mind
Not know nature/ quality of act
Not know act is legally wrong

Question 7

Sullivan 1984

Answer 7

INSANITY

Epileptic - disease of mind - protect society

Question 8

Brennan 2014

Answer 8

DIMINISHED RESPONSIBILITY

Jury ignored psychiatric evidence - wrongly invited to enter psychiatric domain

Question 9

Dowds 2012

Answer 9

DIMINISHED RESPONSIBILITY

Acute intoxication - medical disease but not legal - different concerns

Question 10

Quick 1973

Answer 10

AUTOMATISM

Hypoglycemic - insanity - intrinsic

Question 11

Bailey 1983

Answer 11

AUTOMATISM

Hypoglycemia - self induced - not A

Question 12

Burgess 1991

Answer 12

AUTOMATISM

Sleepwalking - insanity - internal

Question 13

AG Ref 2/ 92

Answer 13

AUTOMATISM
Driver - trace state
Loss of control needs to be complete

Question 14

DPP v Majewski 1976

Answer 14

INTOXICATION
Specific intent - drink and drugs considered
Basic intent - recklessness - taking substances

Question 15

Kingston 1994

Answer 15

INTOXICATION
Drugged D- assaulted boy
Paedophilic tendencies - involuntary intoxication
Had MR = no defence

Question 16

Lipman 1970

Answer 16

INTOXICATION
LSD - GF =snake
No insanity - voluntary intoxication

Question 17

Gallagher 1963

Answer 17

INTOXICATION

Dutch Courage - intent formed prior to drink

Question 18

Hardie 1984

HARDIE EXCEPTION

Answer 18

INTOXICATION

Valium - no recklessness in taking - calm nerves

Question 19

Coley 2013

Answer 19

INTOXICATION
Cannabis = brief psychotic episode
Need disease of the mind also

Question 20

Heard 2007

Answer 20

INTOXICATION
Rub penis
Basic intent - no defence

Question 21

Crime and Disorder Act 1998, s34

Answer 21

INFANCY - abolish doli incapax

Question 22

Criminal Procedure Act 1964

Answer 22

Fitness to Plead

Conduct own defence

Question 23

Homicide Act 1957 s2

Answer 23

DIMINISHED RESPONSIBILITY
Abnormality of mental functioning
Recognised medical condition + substantially impaired + provides explanation

Understand nature of conduct; form rational judgement; exercise self control