Defences Involving State of Mind Flashcards
What is the definition of Insanity
A person labouring under natural imbecility or disease of the mind to such an extence as to render hm incapable;
a) Of undertanding the nature and quality of the act or omission, or
b) Of knowing that the act or omission was morally wrong, having regard to the comomnly accepted standards of right and wrong.
Who can raise the metter of insanity?
Insanity is a matter for the defenacne to raise and the prosecution is prohibited from adducing evidence of insanity.
Further, a judge may put the issue of insanity before the jury.
What is the consequence of an aquittal on account if insanity?
The person may be detainedas a special patient or special care recipient.
What standarsd of proof is requierd for a defence of insanity?
The defence must prove instanity to the satisfaction of the jury on the balance of probabilities.
What are M’Naghtens Rules in relation to a defendant’s insanity?
If a person is insane, they were acting under such a defect of reason from a disease of the mind that they did not know:
A) The nature and quality of their actions, ot
B) That what they were doing was wrong.
Does a disease of the mind include a temporary mental disorder?
A “Disease of the mind” does not include a temporary mental discorder caused by some factor external to the defendant, such as a blow to the head, the absorbtion of drugs, alcohol, or an anaesthetic, or hypnotism.
What is meant by “Nature and Quality” of the act.
The words “Nature and quaility” are to be reas as a compsite expressions dealing only with the physical character of the conduct, and not as separate terms distinguishing its physical and moral aspects.
What is the definition of “Automatism”
A state of total blackout, during which a person is not conscious of their actions and not in control of them. (R v Cottle)
What is the culpability of actions performed during a state of auromatism?
These actions are involuntary and the common rule law is that there is no criminal liability for such conduct.
What are the two types of automatism and their differences?
Sane Automatism: The result of sleepwalking, a blow to the head, or the effects of drugs.
Insance automatism: the result of a mental disease.
Both form involve action without conscious volition.
What is the result of a succesful pleas of sane automatism?
Unqualified aquital as the Crown has failed to prove the existence of the mental element of the offence.
What is the Position in NZ of automatism induced by drink or drugs?
Automatism due to ingesting so much alcohol or drugs that they are not responsible for their action is a defence if the evidence of the defence can clearly raise the issue.
What three may may intoxication be found to establish a defence?
- Where the intoxication causes a disease of the minds so as to bring a defence of insanity into effect.
- Where drunkeness is such an that defence can plead a lack of intent to commit the offence.
- Where intoxication causes a state of automatism (complete aquittal).
Is ignorance of the law a defence?
No, the fact that an offender is ignorant of the law is not an excuse for any offnce committed by him (s25 CA’61)
