Capacity Defences

Question 1

M’Naghten rules

Insanity

Answer 1

Defendant should be presumed sane unless, at the time of the offence, he can prove he was:

• Labouring under such a defect of reason…
• …caused by a disease of the mind so…
• …that he did not know either the nature and quality of the act or, if he did know it, that he didn’t know what he was doing wrong.

Question 2

Who’s set of rules is the defence of insanity based around?

Answer 2

M’Naghten 1843

Question 3

Defect of reason

Insanity

Answer 3

Courts states there needs to be a complete absence of the power to reason. Absentmindedness or confusion now sufficient

Question 4

Clarke

Insanity

Answer 4

Defect of reason

The rules do not apply to those who retain the power to reason

Question 5

Disease of the mind

Insanity

Answer 5

Can be either a mental or physical illness that effects the mind. Legal term not medical one

Question 6

Kemp

Insanity

Answer 6

Disease of the mind

Could accept conditions that effect the D’s faculties of reason, memory and understanding

Question 7

Hennessey

Insanity

Answer 7

Disease of the mind

Hyperglycaemic episode can count as a disease of the mind

Question 8

Can insanity be caused by an external factor

Answer 8

No

Question 9

Can a defendant who has a temporary psychotic episode when voluntarily intoxicated rely on the insanity defence?

Answer 9

No, the intoxicating substance is an external factor

Question 10

Nature and quality of the act

Answer 10

Defendant does not know the physical character of the act:
Because they are in a state of unconsciousness or impaired consciousness
Or
They are conscious but do not understand or know what they are doing due to their mental condition

Question 11

Two cases that demonstrate loss of consciousness

Insanity

Answer 11

Kemp and Burgess

Question 12

Oye

Insanity

Answer 12

Nature and quality of the act

The defendant must prove they did not know what they were doing was legally wrong

Question 13

Which case demonstrates that if the defendant knows the nature and quality of the act and that it is legally wrong they cannot use the defence of insanity even if they are suffering from a mental illness

Answer 13

Windle

Question 14

Sentencing for insanity

Answer 14

• Hospital order without time limit
• Hospital order with time limit
• Guardianship order
• Supervision and treatment order
• Absolute discharge

Question 15

Problems with the defence of insanity

Answer 15

• Based on an old case (1843)
• Defendants suffering from physical diseases are classed as insane
• Stigma to being labelled insane

Question 16

Reforms for the defence of insanity

Answer 16

• Suggested defendant should not be guilty on evidence of severe mental disorder or handicap
• Suggestion it should be replaced by verdict of ‘not guilty on evidence of mental disorder’

Question 17

Insanity is also know as?

Answer 17

Insane automatism

Question 18

Automatism is also know as?

Answer 18

Non-insane automatism

Question 19

A successful plea of automatism will lead to?

Answer 19

Complete acquittal

Question 20

What kind of factor is automatism caused by

Answer 20

External

Question 21

Bratty v Attorney General for Northern Ireland

Automatism

Answer 21

“an act done by the muscles without any control by the mind or an act done by a person who is not conscious of what they are doing”

Question 22

Which case defines automatism

Answer 22

Bratty v Attorney General for Northern Ireland

Question 23

What are the two types of automatism

Answer 23

Insane automatism

Non-insane automatism

Question 24

Insane automatism

Answer 24

Where the case of automatism is a disease of the mind within the M’Naghten rules

Question 25

Verdict of insane automatism

Answer 25

Guilty by reason of insanity

Question 26

Non-insane automatism

Answer 26

Where the cause is an external one, when successful it is a complete defence and the defendant is not guilty