Failure Of Proof Flashcards
What are the two types of automatism?
Sane
Insane
What is automatism?
The defendants actions are involuntary
Where the defendant has retained limited powers of control will he able to use automatism?
No. Because they are partly in control and have not lost full consciousness
Where the defendants automatism arises through some prior fault of his own will he have a valid defence?
No. Because he was still about to express some form of control
E.g falling asleep at the wheel
Where the condition that gave rise to the automatism can be brought within the ambit of the rules in insanity, does the Defendant have a vid defence?
Yes. Criminal insanity
Where the condition arises from an internal factor, would the defendant have insane or sane automatism?
Insane
What is the disposal of the defendant?
Sane not guilty: not guilty
Insane not guilty: not guilty by reason of insanity
How is insanity at the time of the trial dealt with differently to insanity at the time of the commission of offence?
If the defendant us insane at the time if trial is will be dealt with as unfitness to plead
What are M’Naughten’s rules?
Defect of the mind
Arising from disease of the mind
Did not what act he was doing or did not know the act was wrong
What is a defect of reason?
When the defendant is deprived of the power if reasoning
What is disease of the mind?
A legal not a medical definition
When can intoxication proved a defence?
When the intoxication has meant that mens rea has not been formed
What offences will not afford a defence of intoxication/no mens rea?
Basic intent crimes
When can specific intent and basic intent crimes be afforded a defence of lack of mens rea due to intoxication?
When the intoxication is involuntary
What are examples of sane automatism?
Mistake
Intoxication
