Defences involving State of Mind Flashcards
Sec 23 - Insanity
(Legislation)
(1)
Every one shall
be presumed to be sane
at the time of doing or omitting any act
until the contrary is proved
(2)
No person shall
be convicted of an offence by reason of an act done or omitted by him or her
when labouring under natural imbecility or disease of the mind
to such an extent as to render him or her incapable—
(a)
of understanding 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 commonly accepted standards of right and wrong
Who does the burden of proof lie with for a defence of insanity?
The defence
Need only be proved on the balance of probabilities
R v Cottle (Insanity)
As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
R v Clark (Insanity)
The decision as to an accused’s insanity is always for the jury and a verdict inconsistent with medical evidence is not necessarily unreasonable. But where unchallenged medical evidence is supported by the surrounding facts a jury’s verdict must be founded on that evidence which in this case shows that the accused did not and had been unable to know that his act was morally wrong
What is M’Naghten’s test based on?
M’Naghtens test is frequently used to establish whether or not a def is insane.
It is based on the rationality of the defendant and depends on whether the person was
suffering 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
Define disease of the mind
No precise or comprehensive definition
A term which defies precise definition and which can comprehend mental derangement in the widest sense
Does disease of the mind include a temporary mental disorder?
No
Disease of the mind does not include a temporary mental disorder caused by some factor external to the defendant, such as a blow on the head, the absorption of drugs, alcohol, anaesthetic, hypnotism
Is physical damage necessary for a condition to be a disease on the mind?
No
A condition may be a disease on the mind whether or not there is damage to the brain or other physical organ concerned with the mind
R v cottle accepted that epilepsy, although physical, could amount to a disease of the mind
Whether the particular condition is a disease of the mind is a question of law for who?
The judge
R v Codere
(nature and quality of the act)
The nature and quality of the act means the physical character of the act.
The phrase does not involve any consideration of the accused’s moral perception nor his knowledge of the moral quality of the act.
Thus a person who is so deluded that he cuts a woman’s throat believing that he is cutting a loaf of bread would not know the nature and quality of his act
Under the Criminal Procedure Act, a person found unfit to stand trial or acquitted on account of their insanity may:
Be detained as a special patient or special care recipient
Define Automatism
Best described as 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 memory afterwards of having done it - a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements
What is the culpability for automatism?
There is no criminal liability
Actions performed in a state of automatism are involuntary
What causes automatism?
- concussion
- sleepwalking
- brain tumour
- epilepsy
- arteriosclerosis
- composition of alcohol and drugs