Defences

Question 1

Insanity: Definition

Case?

Answer 1

R v M’Naghten: A defect of reason, casued by a disease of mind which caused the defendant to not know actions were legally wrong

Question 2

1

Insanity:

First element?

Answer 2

Defect of reason
* R v Clarke: if the defendant had powers of reasoning but failed to use them then it is not a defect of reason

Question 3

2

Insanity

Second Element
Type of disease?
How long did D have?
Type of factor?

Answer 3

Disease of the mind
* R v Kemp: can be caused by a mental or physical disease, physical diease must affect the mind
* R v Sulivan: does not matter if the disease is permant, transcient or interment as long as it happened at the time of the act
* R v Quick: must be result of an internal factor rather than an external one (R v Henassay)

Question 4

Insanity:

3rd element

Answer 4

Nature and quality
* R v Ore: defendant may not know the nature and quality of actions in unconcious or impaired conciousness
* R v Windal: wrong means legally wrong, if D knows acts are legally wrong the defence will fail

Question 5

Automitism:

Answer 5

Brattey v Attorney General: 3 tests needed to prove automitism

Question 6

Automitism:

1 element

Answer 6

Involuntary act:
* Attorney genral ref No3: must be a complete lack of control
* Watmore v Jenkins: if D has control over his actions it will not be involuntary