Capacity defences

Question 1

Non-insane automatism

Answer 1

Based on the fact that D has not done the AR voluntarily so d does not have the MR for defence

Question 2

An involuntary act

Answer 2

Bratty

Question 3

Caused by an external factor

Answer 3

AG ref no2 1992

Question 4

Hypoglycemia

Answer 4

Too much insulin taken, so non-insane

Question 5

Hyperglycemia

Answer 5

Too much sugar in blood

Question 6

Must not be self induced

Answer 6

Aware that it is likely to bring on a automatic state then it cannot be acquitted

Question 7

Insanity

Answer 7

action is voluntary but he doesnt realised the nature of the act or that it is legally wrong

Question 8

M naghten rules

Answer 8

D was labouring under a defect of reasoning, caused by a disease of the mind so didn’t know the nature or quality of his act or if it was wrong.

Question 9

Defect of reason

Answer 9

D unable to use powers of reason. Requires inability to reason not a failure to reason
Clarke

Question 10

Disease of the mind

Answer 10

Legal term, not a medical term. Causing malfuction of mind. Kemp Sullivan burgess

Question 11

D did not know nature and quality of his act

Answer 11

The physical quality

Question 12

D did not know what he was doing was legally wrong

Answer 12

Windle-legally wrong

Question 13

Intoxication

Answer 13

Inability to form mens rea due to alcohol or drugs or other substances.

Question 14

Voluntary intoxication

Answer 14

Specific intent-allowed (sheehan)

Basic- Not allowed

Question 15

Involuntary intixication

Answer 15

Degence if they didnt form mens rea- Kingston