CAPACITY DEFENCES Flashcards
INTOXICATION
Being so intoxicated cant form a mr.
VOLUNTARY INTOX.
-Knowing and voluntarily [LIPMAN]
-Stronger than expected
[ALLEN]
-Taking drug in a reckless way
[HARDIE]
INVOLUNTARY INTOX.
-Prescribed by doctor [HARDIE]
-Spiked soft drink [KINGSTON]
-Non dangerous drug in a non dangerous way.
HOW IMPAIRED ARE THEY?
Must be of beyond reasonable standard
INTOXICATED MISTAKE
Not having the mr to complete offence.
[JAGGARD V DICKSON]
BASIC INTENT
Completely recklessly.
E.G. ABH
SPECIFIC INTENT
Requires intent or dishonesty.
E.G. THEFT
AUTOMATISM
Done by the muscles without any control from the mind
AS stated in[BRATTY]
- MUST BE AN EXTERNAL FACTOR
Such as diabetes, stress or sneezing fit etc
[QUICK]
- D HAS NO CONCIOUS CONTROL
Show that is completely out of their control
[CODERE]
- DOES SELF INDUCED APPLY?
Where D knows his conduct is likely to put him in an automatic state. Such as taking alcohol whilst on medication.
INSANITY
MAIN CASE [M’NAUGTEN]
- DEFECT OF REASON
Must prove their mind is impaired.
[CLARKE]
- DISEASE OF THE MIND
Must be mental or physically affecting the mind.
[R V KEMP]
- D MUST NOT UNDERSTAND THE NATURE AND QUALITY OF HIS ACT.
Can be caused by impaired thinking or lack of awareness due to mental condition.
[R V OYE]
