Defences Involving State of Mind Flashcards
Insanity - Section 23 (1)
Everyone shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.
The judge may, in exceptional circumstances, commit a person to a hospital or secure facility instead of passing a sentence. Before making this order, the court must be satisfied that:
- The offenders mental impairment requires compulsory treatment or care that is in the offender’s interest.
- For the public’s safety.
R v Codere
The nature and quality of the act means the physical character of the act.
It doesn’t involve the accused’s 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 nature and quality of his act.
R v Cottle (Degree of proof)
For degree of proof, it is sufficient if the plea is established on a preponderance of probabilities without excluding all reasonable doubt.
Sane automatism is the result of
Sleepwalking
A blow to the head
The effects of drugs
Insane automatism is the result of
A mental disease
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 (Automatism)
Doing something without knowledge or memory of it.
A temporary loss of consciousness that leaves the person unable to exercise bodily movements.
- What must the Crown establish in relation to an intoxication defence?
Reasonable doubt about the defendant’s required state of mind at the time of the offence
Ignorance of law – Section 25
The fact that an offender is ignorant of the law is not an excuse for any offence committed by them.
What is M’Naughtens rules
Used to establish whether or not a defendant is insane.
Based on the person’s 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:
- the nature and quality of their actions, or
− that what they were doing was wrong.
What is a strict liability offence
One that does not require an intent
What is the only way a defendant can escape liability for a strict liability offence?
Prove a total absence of fault.
Proof required for a defence of Automatism against a strict liability charge
Because no mens rea is needed to be proven for a strict liability offence, the defence must establish a defence of automatism to the balance of probabilities.
A question of law relating to whether the condition is a disease of the mind is answered by whom?
The Judge
What the accused’s state of mind was at the time of the offence is a question decided by whom?
The Jury
