Defences involving state of mind Flashcards
Define Insanity under section 23 CA61
(1) Everyone shall be presumed to be sane at the time of doing or omitting any act until the contrary in proved.
(2) No person shall be convicted of an offence by reason of an act done or omitted by them when labouring under natural imbecility or disease of the mind to such an extent as to render them incapable:
(a) of understandingthe nature and quality of the act or omission
(b) of knowing that the act or omission was wrong, having regard to the commonly accepted standards of right and wrong.
(3) Insanity before and after the act or omission maybe evidence that the offender was at the time irresponsible of the act or omission.
What is the burden of proof for insanity and who does it lie with.
The burden of proof lies with the defence who only have to prove insanity on the balance of probabilities.
R v COTTLE
As to the degree of proof, the jury can be satisfied on the balance of probabilities without necessarily excluding all reasonable doubt.
R v CLARK
The decision as to a accuseds insanity is always for the jury an a verdict inconsistent with medical evidence is necessarily unreasonable. A juries verdict must be based on the evidence whioch shows that the accused did not know that their act was morally wrong.
What is the M’Naghtens rule
Is a test used to determine if some one is insane.
It is based on the persons ability to think rationally, so that if a person was insane they were acting under such a defect of reason from a disease of the mind that they did not know
- The nature and quality of their actions
- that what they were doing was wrong.
R v CODERE (nature and quality of the act.)
The nature and quality of the act means the physical charater of the act. The phrase does not consider the accussed moral perseption nor knowledge of the moral quality of the act. For example a person so deluded that they cut a persons throat believing they are cutting a loaf of breadwould not know the nature and quality of the act.
What is 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 (Automatism)
Doing something without knowledge of it and without afterwards f having done it. A temporary eclipse of consciousness that leaves the person so affected t exercise bodily movements.
Culpability of homicide with automatism
Actions performed under automatism are involuntary and the common law rule is that there is no criminal liability.
What are the two types of automatism
Sane - The result of sleep walking, blow to the head of effects of drugs
Insane - The result of mental disease
when would the defence of voluntary intake that leads to intoxication be aloowed by the courts (3)
- When intoxication causes a disease of the mind that is described under section 23
- When an offence requires intent and the defence can prove tha the accused was so drunk that they lacked intent to commit the offence
- When intoxication brings about automatism.
What does protected from criminal responsibility mean?
Means that a person is not guilty of committing an offence but maybe liable civilly.
What type of defence does a child under 10 have.
An absolute defence. Meaning that they can not be convicted of an offence. Nebertheless you will still need to prove if they are guilty or not.
. What is the standard of proof required to prove the defence of insanity to the satisfaction of
the jury?
It is beyond reasonable doubt. Case law is R v COTTLE
As to a degree of proof, it is sufficient that the please is satisfied by the jury on the balance of probabilities without havuing regard for all reasonable doubt.
What aret he two types of automatism
Sane - Usually caused by sleep walking or a blow to the head
Insane - Usually due to a disease fo the mind.
