Defences (state of mind) Flashcards
Insanity
According to s23 (1) everyone shall be presumed to be _______ at the time of doing any act until ________ is proved
Sane
The contrary
Insanity
According to s23 (2)
No person shall be convicted of an offence when _____________ or __________ to render him incapable of
A)
B)
Labouring under natural imbecility
Disease of the mind
A) understanding the nature and quality of the act
B) knowing the act was morally wrong
Who should raise the issue of insanity
Defence. The prosecution is prohibited from adducing evidence of insanity. (A judge may also put the issue before the jury)
(However, the prosecution has a duty to raise the issue, and Where the def poses a risk to the community, there is a procedure to become under a “restricted patient” order under mental health act)
What if some of the prosecution’s evidence suggests insanity?
While it is not proper for the crown to call evidence of insanity, any relevant evidence must be disclosed, leaving it up to the defence to put up the pleas of insanity if they wish to
Who carries the burden of proof when defence pleads insanity?
The defence. Though the standard of proof required is only on the balance of probabilities
R v Cottle applies
R v Cottle (burden of proof for insanity)
“As to the 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”
To what kind of charges can a defendant plead insanity?
Any charge punishable by imprisonment
R v Clark
(Is the question of insanity a medical one or a question for the jury?)
The decision as to an accused’s insanity is always for the jury. a verdict inconsistent with medical evidence is not necessarily unreasonable. But where unchallenged medical evidence is supported by the surrounding facts, a jury verdict must be founded on the 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 the M’Naghten’s test?
Rules used to establish whether or not a defendant is insane….
Depending on whether they were:
- suffering from a disease of the mind that they did not know
- aware of nature and quality of their actions or
- aware what they were doing was wrong
What does the term “disease of the mind” include and not include?
It can include epilepsy, although that’s a physical thing!
It does not include temporary medical disorders caused by external factors like a blow to the head, drug absorption, alcohol, hypnotism
Disease of the mind is not a ______ questions but a _______ one
Not a medical question
But a legal one
Nature and quality of the act is defined by case law R v Codere.
What is R v Codere?
The nature and quality of the act means the physical character of the act.
The phrase does not involve any considerations of the accused 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.
Describe Automatism
A state of total blackout, during which a person is not conscious of their actions and not in control of them
See R v Cottle
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 able to exercise bodily movements
Explain the culpability of someone acting in a state of automatism
There is no criminal liability for such conduct as the actions are involuntary
