Defences Involving State Of Mind

Question 1

Insanity

Answer 1

Everyone shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved
Cant be convicted if act done or mitted when laboring under natural imbecility or disease of the mind to such an extent as to render him incapable
a) of understanding the nature and quality of the act or omission
b) knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong
Insanity before or after the time he did or omitted the acr and insane delusions may be evidence

Question 2

Cottle

Answer 2

Insanity Burden of Proof
As to degree of proof, it is sufficient if the plea is established to the satisfaction of jury on a preponderance of probabilities ithout necessarily excluding all reasonable doubt

Question 3

Clark

Answer 3

The decision as to accused 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 jurys verdict must be founded on evidence which in this case shows that the accused did not and had not been unable to know that his act was morally wrong

Question 4

M’Naghtens rules

Answer 4

Did not know
The nature and quality of their actions or
That what they were doing was wrong

Question 5

Codere

Answer 5

Morally
Nature and quality of the act means the physical character of the act. The phrase does not involve any consideration of the accused moral perception nor his knowledge of the moral quality of the act. This 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

Question 6

Cottle ((Automatism)

Answer 6

Doing something without knowledge of it and without memory afterwards of having done it- a temporary eclipse of consciousness that nevertheless leaves a person so affected able to exercise bodily movements

Question 7

Automatism causes

Answer 7

Concussion
Sleepwalking
Brain tumor
Epilepsy
Arteriosclerosis
Alcohol or Drugs

Question 8

Intoxication defences

Answer 8

Intoxication causes a disease of the mind as to bring insanity into effect
If intent is required as an essential element of the offencd and the drunkenness is such that the defence can plead a lack of intent to commit the offence
Where the intoxication causes a state of automatism

Question 9

Ignorance of law

Answer 9

The fact that an offemdee is ignorant of the law is not an excuse for any offence committed by him