Criminal Law September/October 24

Question 1

What is Insanity?
- Provide Establishing Case.

Answer 1

Lack of control is Internal
- D must labour under a defect of reason - - From disease of the mind
- Must either know the nature and quality of the act or not know they were doing wrong
- M’Naghten 1843

Question 2

Define Defect of Reason
- Provide Establishing Case

Answer 2

D’s powers of reasoning must be impaired
Not ‘absent minded’
- Clarke 1972

Question 3

Define Disease of the Mind
- Provide Establishing Case

Answer 3

Legal term NOT a medical one
Internal cause
Not need to be permanent, can be transient / intermittent
NOT JUST EXTERNAL CAUSE
- Kemp

Question 4

Define Not knowing nature or quality of act OR Not know doing wrong
- Provide Establishing Case

Answer 4

Must not know it is LEGALLY WRONG
- Windle

Question 5

Define Special Verdict
- Provide Statute

Answer 5

NG by reason of insanity
Judge can impose:
Hospital order
Supervision and treatment order
An absolute discharge
- Criminal procedure (Insanity and Unfitness to Plead) Act 1991

Question 6

Define Automatism
- Provide Establishing Case

Answer 6

Lack of control is EXTERNAL.
- Total Loss of Voluntary Thoughts
- External Factor
- Not Self Induced

• Bratty

Question 7

Define Total Loss of Voluntary Control
Provide Establishing Case

Answer 7

D must show there was a complete loss of voluntary control
- Broome V Perkins (1987)

Question 8

Define External Factor
Provide Establishing Case

Answer 8

Presence of external factor like:
-Sudden illness

• Hill V Baxter (1958)

Question 9

Define not Self induced Automatism
Provide Establishing Case

Answer 9

External factor cannot be self induced
EG: voluntarily drinking/drug taking
If not drink/drugs, its based off Risk
- R v Lipman (LSD