DEFENCES - insanity Flashcards
if the defence raises insanity
They must disprove the presumption of sanity and prove insanity on the balance of probabilities.
what are the elements of insanity
The defendant suffers from natural imbecility or a disease of the mind, making them unable to:
- understand the nature and quality of the act or
- know that the act was morally wrong
what is natural imbecility
An imperfect mental condition caused by a congenital defect or natural decay.
what is disease of the mind
subjective condition or weakness that is internal to the defendant
r v green - nature and qauilty
suffeirng delusions so shot at polcie coz thought they were russian spys, depsite delusion he understood the nature and quailty whihc was shooting someone
r v armstrong - nature and qauilty
became convinced his frined was a demon heard voices telling him to kill him so he did, he was able to plea insanity as he inderstoof the nature butnot th qauilty of his actions
r v hamblyn - render the perosn incapable of undertsnading nature and quialtyb
- h suffered from multiple prosnailties, claim crime was committed by alters, convited as the alters still knew the nature and quality of the offence
r v dixon - incapale of
voilent rampage w a samuri sword, on meth, underlying perosnality disorder, convietd murder, knew that it was morally wrong
r v mason - lo0k at subjetivity
A schizophrenic man stabbed a woman and showed no remorse, believing he had to kill her to save himself and his family. He was found insane because, although he knew it was legally wrong, he believed in his mind that it was morally justified.
r v armstrong - subjevtive
The man, hearing voices to kill his friend, felt guilty for delaying. Though he knew society wouldn’t understand, he believed he was justified. He was acquitted due to insanity, as he didn’t realize it was morally wrong at the time.
what is the insanity verdict
- Criminal Procedure (Mentally Impaired Persons ) Act 2003
○ ‘the acts or omissions are proven but the defendant is not criminally responsible on account of insanity’,
what is the options for sentencing for those who are not guilty on account of insanity
- Detain a person as a special patient under the Mental Health (Compulsory Treatment) Act 1992;Detain a person as a special patient;
- Detain a person as a special care recipient;
- Order inpatient or outpatient treatment under a community treatment order;
- Grant immediate release; or
- Make no further order if already serving a prison sentence.
cameron v r - insane automatism
fter a party – went to sleep in same room as a 15-year-old, girl woke to find D having sex with her, D suffered with ‘sexsomnia’ for a prolonged period of time, was iinsane automatism, longstanding condition with an absnet treatment
steps for loking at defences
- Determine if the actus reus (AR) and mens rea (MR) are met.
- If they are, examine the applicable defenses.
- There’s no point in considering defenses if AR and MR are not established.
- Identify the elements of the defense.
- Apply these elements to the specific facts of the case.
