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Criminal Law > Capacity > Flashcards

Capacity Flashcards

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1
Q

C v DPP 1995

A

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

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2
Q

R v JTB 2009

A

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

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3
Q

Wells 2015

A

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

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4
Q

R v M, Kerr and H 2002

A

FITNESS TO PLEAD

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

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5
Q

Grant 2002

A

FITNESS TO PLEAD

Hospital - conflict HRA? - not arbitrary

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6
Q

M’Naghten Case 1843

A

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

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7
Q

Sullivan 1984

A

INSANITY

Epileptic - disease of mind - protect society

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8
Q

Brennan 2014

A

DIMINISHED RESPONSIBILITY

Jury ignored psychiatric evidence - wrongly invited to enter psychiatric domain

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9
Q

Dowds 2012

A

DIMINISHED RESPONSIBILITY

Acute intoxication - medical disease but not legal - different concerns

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10
Q

Quick 1973

A

AUTOMATISM

Hypoglycemic - insanity - intrinsic

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11
Q

Bailey 1983

A

AUTOMATISM

Hypoglycemia - self induced - not A

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12
Q

Burgess 1991

A

AUTOMATISM

Sleepwalking - insanity - internal

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13
Q

AG Ref 2/ 92

A

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

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14
Q

DPP v Majewski 1976

A

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

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15
Q

Kingston 1994

A

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

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16
Q

Lipman 1970

A

INTOXICATION
LSD - GF =snake
No insanity - voluntary intoxication

17
Q

Gallagher 1963

A

INTOXICATION

Dutch Courage - intent formed prior to drink

18
Q

Hardie 1984

HARDIE EXCEPTION

A

INTOXICATION

Valium - no recklessness in taking - calm nerves

19
Q

Coley 2013

A

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

20
Q

Heard 2007

A

INTOXICATION
Rub penis
Basic intent - no defence

21
Q

Crime and Disorder Act 1998, s34

A

INFANCY - abolish doli incapax

22
Q

Criminal Procedure Act 1964

A

Fitness to Plead

Conduct own defence

23
Q

Homicide Act 1957 s2

A

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

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

Criminal Law (12 decks)

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