Defences Flashcards
What is insanity in legal terms?
A general defence available to all offences that results in a special verdict of ‘not guilty by reason of insanity’ if successful.
What is the significance of diminished responsibility in murder cases?
Diminished responsibility is easier to prove than insanity in murder cases.
What are the possible sentencing options if the insanity defence is successful?
Options range from absolute discharge to an unlimited hospital order.
What must be proven regarding the defendant’s mental state at the time of the offence for insanity?
D must have been insane at the time of committing the offence.
What are the three elements defined by the M’Naghten Rules for insanity?
- D must have been suffering from a defect of reason
- Must have been caused by a disease of the mind
- Caused D not to know the nature and quality of his acts OR that what he was doing was wrong.
What is a defect of reason in the context of insanity?
A state where D is deprived of their powers of reasoning.
In Clarke, what was determined regarding absent-mindedness and insanity?
Moments of absent-mindedness or confusion do not amount to insanity.
What is required for a disease of the mind in the context of insanity?
The defect of reason must be caused by any internal mental or physical disease.
What was established in the case of Sullivan regarding the source of the disease?
The source of the disease is irrelevant as long as it’s internal and existed at the time D acted.
What does it mean if the defendant does not know the nature and quality of his acts?
D is not aware of what he is doing or that it is legally wrong.
What is automatism in legal terms?
A general defence available to all offences that results in complete acquittal if successful.
How is automatism defined by Lord Denning in Bratty?
An act done by the muscles without any control of the mind.
What are the two elements that must be proved for automatism?
- The D was acting entirely involuntarily
- This was caused by an external factor.
What distinguishes automatism from insanity?
Automatism is caused by an external factor, while insanity is caused by an internal factor.
What is self-induced automatism?
Where the automatic state was brought on by an action of the D.
How does self-induced automatism affect the availability of defence?
If D knew their actions would likely cause an automatic state, they will have a partial defence to specific intent offences.
What is the main difference between voluntary and involuntary intoxication?
Voluntary intoxication reflects fault of the D, while involuntary intoxication does not.
In the context of intoxication, what is the significance of mens rea?
For specific intent offences, the test is whether D had the relevant mens rea despite being intoxicated.
What does the case of Sheehan and Moore establish about drunken intent?
A drunken intent is still an intent.
What is the effect of intoxication on basic intent offences?
If D is voluntarily intoxicated, they will have no defence of intoxication for basic intent offences.
What are the two elements of self-defence/prevention of crime?
- Was the use of force necessary?
- Was the force reasonable?
What is the subjective test in self-defence regarding necessity?
The court requires proof that D genuinely believed the use of force was necessary.
What does S.76 Criminal Justice and Immigration Act 2008 state about mistaken beliefs?
D cannot rely on any mistaken belief attributable to voluntary intoxication.
What principle does Palmer establish regarding the use of force in self-defence?
A person defending himself cannot weigh to a nicety the exact measure of his defensive action.
