Defences Flashcards
What are the Five general defences?
Insanity
Automatism
Intoxication
Self-defence
Duress
What are the Insanity M’Naughten Elements?
- Defect of reason
- Caused by a disease of the mind
- So as not to know the nature and quality of the act or knowing that it was wrong
R v Clarke applies to what element of insanity?
Defect of reason must be more than mere absentmindedness
Meaning of “defect of reason”
Complete loss of the power of reasoning
Sullivan applies to what element of insanity?
Disease of the mind - so long as there is a disease which affects the mind, it does not matter what the type of disease is
Internal factor definition
Insanity - defect of reason must be caused by the disease only
Explain the two ways the defendant won’t knwo the Nature and quality of their actions for the defence of insanity
There are two ways in which D may not know the nature and quality of the act.
- Because they are in a state of unconsciousness or impaired consciousness
- Where they are conscious but die to their mental condition they do not understand or know what they are doing.
Windle applies to what element of insanity?
D did not know what they were doing was wrong
Insanity punishments
Treatment Orders
Hospital Orders
Secure Hospitals
Automatism explanation
Where the defendant’s actions were involuntary but caused by external rather than internal factors
External causes examples n(automatism)
An attack by a swarm of bees
Hypnotism
A blow to the head
Whoolley applies to what element of automatism?
External cause
Explaination of Self-induced automatism
Reckless = defence only applies to specific intent offences
Defendant was not reckless in getting into an automatic state, what offences will the defence of automatism apply to?
Defence applies to all offences
Explain and identify Basic intent offences
This is where the mens rea is intention or subjective recklessness.
Assault, battery, s.47 ABH, s.20 GBH, unlawful act manslaughter
Explain and identify Specific intent offences
This is where the mens rea for the offence is intention only and not subjective recklessness.
s.18 GBH and murder