General Defences 2

Question 1

What is automatism defined as?

Answer 1

In Bratty, Lord Denning defines automatism as ‘an act done by the muscles without control of the mind.’ (external factors)

Question 2

What are examples of automatism?

Answer 2

1. Reflex or reaction (Hill and Baxter)
2. Diabetes- hypoglycemia (low blood sugar) (Quick)
3. Concussion
4. Hypnotism
5. Effects of medication such as anaesthetic

Question 3

What is stage 1 of automatism?

Answer 3

D must have lost full control of their actions (partial control is not enough).

Question 4

What does Broome v Perkins say about stage 1 of automatism?

Answer 4

If there is evidence that the D still had some control over their body, they will not get the defence.

Question 5

What is the side rule for stage 1 of automatism?

Answer 5

The automatism must not be self induced by the D doing or not doing something that D knows will put them in an automatic state (Bailey).

Question 6

What kind of crimes can the defence of automatism be used for? (side rule)

Answer 6

The defence of automatism can only be used for specific intent crimes as self induced automatism is evidence of the D being recklessness therefore the crime is complete.

Question 7

What is stage 2 of automatism.

Answer 7

The D must not have the mens rea for the defence to be successful.

Question 8

What did Lord Denning in Bratty say about stage 2 of automatism?

Answer 8

The D must be acting ‘without control of the mind’ for the defence to be successful.

Question 9

What are the two types of duress?

Answer 9

1. By threat
2. By circumstance

Question 10

What is the definition of duress by threat?

Answer 10

The pressure to commit the crime comes from a person threatening you. (rules 1-5)

Question 11

What is the definition of duress by circumstance?

Answer 11

The pressure to commit the crime comes from the circumstance the D is in. (rules 2-5)

Question 12

What is rule 1 of duress? (applies only to duress by threat)

Answer 12

You must commit the crime that was nominated for you by the person that it making the threat.

Question 13

What does Cole say about rule 1 of duress?

Answer 13

To gain the defence you must commit the exact crime they have told you to commit.

Question 14

What is rule 2 of duress?

Answer 14

How serious must the threat be? Valderamma-Vega states there must be a threat of death or serious injury, threats against property are not enough.

Question 15

What is rule 3 of duress?

Answer 15

Wright states the threats must be against you, your family or someone you are responsible for.

Question 16

What is rule 4 of duress?

Answer 16

Hasan states the threat must be immediate or almost immediate so you do not have time to go to the police and get help (consider is D was being watched or felt like they were)

Question 17

What is rule 5 of duress?

Answer 17

Should D have resisted the threats?

Question 18

What is the Graham Test, used for rule 5 of duress?

Answer 18

1. Did D act because he reasonably believed that he or another would suffer death or serious injury (subjective)
2. Would a ‘sober person of reasonable firmness’ but sharing D’s characteristics have responded by committing a criminal offence (objective)

Question 19

What are the characteristics considered in stage 2 of the Graham Test? (rule 5 of duress)

Answer 19

Bowen:
1. Pregnancy
2. Mental ability
3. Physical ability
3. Age

Question 20

What is the side rule for duress?

Answer 20

If D brought the pressure on themselves then the defence will be lost (self induced duress eg joining a gang or associating with a violent person).

Question 21

What does Hasan say about the side rule for duress?

Answer 21

Should D have anticipated the threat? Meaning the D should have realised that the gang they joined could have threatened them. If so the defence is lost.

Question 22

What is the definition of insanity?

Answer 22

S1 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 states there needs to be evidence from 2 doctors and 1 must be an expert in mental health.

Question 23

What does M’Naghten’s Case say about insanity?

Answer 23

Defined insanity as having a 3 stage test:
1. D must be suffering from a defect of reason
2. Caused by a disease of the mind
3. D must not understand the nature of their conduct and quality of their actions

Question 24

What is stage 1 of insanity?

Answer 24

D must have showed a defect of reason.

Question 25

What does Clarke say about stage 1 of insanity?

Answer 25

The D’s powers of reasoning have been impaired eg ability to judge a situation, tell right from wrong. This is decided by medical evidence however, temporary absent mindedness or forgetfulness is not enough.

Question 26

What is stage 2 of insanity?

Answer 26

There must be a disease of the mind has caused defect of reason. This can be a physical or mental condition which has an effect on the brain (internal effect).

Question 27

What examples of diseases of the mind?

Answer 27

1. Diabetes (High blood sugar, D forgets to take insulin, hyperglycemia) (Hennessy)
2. Epilepsy (Sullivan)
3. Sleepwalking (Burgess)
4. Schizophrenia
5. Chronic Depression

Question 28

What is stage 3 of insanity?

Answer 28

D must not understand the nature of their conduct and the quality of their act.

Question 29

What does Windle say about stage 3 of insanity?

Answer 29

D must not know what they are doing is a legal wrong or a criminal act.