Defences Involving State Of Mind

Question 1

What is insanity S23(1)

Answer 1

Everyone who
- shall be presumed to be sane at the time of doing or omitting any actual the contrary is proved

Question 2

The judge in exceptional circumstances, commit a person to hospital or secure facility instead of passing sentence. Before making this order the court must be satisfied that:

Answer 2

The offenders mental impairment requires a compulsory treatment or care that is on the offenders interest
- for the safety of the public

Question 3

What was held in R v Codere

Answer 3

• the nature and quality of the actions the physical character of the act
• it doesn’t involved the accused perception or knowledge of the quality of the act
• a person who cuts a woman’s throat believing he is cutting a loaf of bread would not know the quality or nature of his act

Question 4

What was held in R v Cottle

Answer 4

For degree of proof, it is sufficient if the plea is established on a preponderance of probabilities without excluding all reasonable doubt

Question 5

What is sane automatism

Answer 5

Sleep walking
A blow to the head
The effect of drugs

Question 6

What is the definition of automatism

Answer 6

A state of total blackout, during which a person is not conscious of their actions and not in control of them

Question 7

Insane automatism is the result of

Answer 7

A mental disease

Question 8

What was held in R v Cottle in relation to automatism

Answer 8

• doing something without knowledge or memory of it
• a temporary loss of consciousness that leaves a person unable to exercise bodily movements

Question 9

What must the crown establish in relation to intoxication defence

Answer 9

• reasonable doubt about the defendants required state of mind at the time of the offence

Question 10

What is S25 - Ignorance of law

Answer 10

• the fact that an offender is ignorant of the law is not an excuse for any offence committed by them

Question 11

What is McNaughtens rules

Answer 11

• used to establish whether or not a defendant is insane
• based on the persons ability to think rationally
• so if they are insane they were acting under such a defect of reason from a disease of the mind that they did not know
  1. The nature and quality of their action OR
  2. That what they were doing was wrong

Question 12

What is a strict liability offence

Answer 12

An offence that does not require intent

Question 13

What is the only way a defendant can escape liability of automatism against a strict liability charge

Answer 13

Prove a total absence of fault

Question 14

Proof required for a defence against a strict liability charge

Answer 14

Because no men’s Rea is needed to be proven for strict liability, the defence must establish a defence of automatism to the balance of probabilities

Question 15

A question of law relating to whether the condition is a disease of the mind is answered by whom

Answer 15

The judge

Question 16

What is the accused state of mind at the time of the offence, is a question decided by whom

Answer 16

The jury