Case law (Defences)

Question 1

Clark

Answer 1

• The decision as to the accused’s insanity is for the jury.
• A verdict inconsistent with medical evidence is not necessarily unreasonable.
• Where medical evidence is unchallenged and supported by surrounding facts, a jury’s verdict must be founded on that evidence - which in Clark’s case shows that he did not know his act was morally wrong.

S23 Insanity

Question 2

Codere

Answer 2

• The nature and quality of the act means the physical character of the act.
• It doesn’t concern the accused’s perception | knowledge of the morality of the act.
• A person who is so deluded that he cuts a woman’s throat believing that he’s cutting a loaf of bread wouldn’t know the nature and quality of the act.

S23 Insanity

Question 3

Cottle

(S23)

Answer 3

As to degree of proof,

it is sufficient that the jury is satisfied with the plea on a preponderance of probabilities,

without necessarily excluding all doubt.

S23 Insanity

Question 4

Cottle

(Automatism)

Answer 4

• Action without conscious volition is doing something without knowledge of it and without memory afterwards.
• It is a temporary eclipse of consciousness that leaves the person so affected able to exercise bodily movements.

Automatism

Question 5

Forrest and Forrest

Answer 5

The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.

S21 Children < 10; S22 Children 10 .. 13

Question 6

Joyce

Answer 6

Compulsion must be made by a person who is present when the offence is committed.

S24 Compulsion

Question 7

Lavelle

Answer 7

• Undercover officers may merely provide the opportunity for someone who’s ready and willing to offend.
• The officers mustn’t initiate the person’s interest | willingness to offend.