Capacity defences Flashcards
What is a general defence ?
A defence that can be used for a wide variety of crimes
Where does the legal definition of insanity come from ?
The M’Naghten Rules (1843)
What is the legal definition of insanity ?
The Defendant laboured under a defect of reason caused by a disease of the mind
When are the 2 circumstances the insanity defence can be used ?
Insane at the time of committing he offence
Insane at the time of trial
What is a defect of reason ?
The disease of the mind impairs the defendants ability to reason
what happened in R V Kemp (1956) ?
Husband made a violent attack upon his wife with a hammer charged with causing grievous bodily harm suffered from hardening of the arteries this caused a temporary lack of consciousness
When D imposes a successful insanity defence and the jury come back with a non guilty verdict, what may the judge impose ?
A hospital order
A supervision order
An absolute discharge
What is the definition of automatism ?
An act done without any control of the mind, such as a spasm , a reflex action or convulsion or an act done while unconscious, whilst suffering from a concussion or while sleeping
What is insane automatism ?
When the cause of automatism is a disease of the mind in line with the M’Naghten Rules
What is Non-insane automatism ?
The cause of automatism is external
What happened in Hill V Baxter (1959) ?
D drove through a stop sign and collided with a car, he argued that he had no recollection of this
What is self induced automatism ?
When D brings the automatism upon themselves such as being diabetic and not eating properly or abuse of medication and alcohol
What must the defendant show in order to use the intoxication defence ?
they were so intoxicated that they were incapable of forming the mens rea of the offence
What happened in R V Lipman (1970) ?
Appellant had taken LSD hallucinating he thought he was being attacked by snakes and falling to the centre of the earth, while in this state he killed a girl
What is involuntary intoxication ?
When D is unaware they have consumed an intoxicating substance
