General defences: Insanity & Automatism Flashcards
Who does the burden of proof lie on to prove insanity?
The Defendant
What is the standard of proof for the defence of insanity?
On the balance of probabilities
If insanity is used successfully what is the special verdict given?
Not guilty by reason of insanity
What are the consequences of this special verdict?
Supervision/treatment order
Guardianship order
Absolute discharge
Hospital order
Which case created the 4 rules for insanity?
M’Naghten
What is the presumption that the courts will begin with when addressing insanity?
There is a presumption that everyone is sane
What are the M’Naghten rules?
D must show he from suffering from:
A defect of reason coming from a
Disease of the mind, so that the D either
Did not know the nature and quality of his act, OR
Did not know what he was doing was legally wrong
In which case was ‘defect of reason’ defined in?
Clarke
What did the judge define ‘defect of reason’ as?
Being deprived of the power of reasoning (more than absentmindedness, confusion, lack of will power)
What did Sullivan say about D’s impairment?
It could be temporary and only occur at the time of the offence (in the case, epilepsy)
What is ‘disease of the mind’ defined as?
A malfunctioning of the mind
Give some examples of what would constitute a ‘disease of the mind’
Sleepwalking, epilepsy, schizophrenia, diabetes, OCD, bipolar, depression, severe withdrawal symptoms
What illness was D suffering from in the case of Kemp and what does this show that insanity covers?
Arteriosclerosis, physical illness is covered by insanity
Which 3 mental abilities are covered within the law’s definition of mind?
Reason, memory or understanding
Why was insanity available as a defence to D in the case of Burgess?
Because his sleep walking was caused by a sleep disorder which is an internal problem
What condition was D suffering from and what state was D in at the time of the offence in the case of Hennessy?
Diabetes and was in a hyperglycaemic state
Why in the case of Hennessy was he able to use insanity rather than automatism?
Because he hadn’t been taking his insulin and therefore this was an internal cause
Give 2 circumstances where D would not know the nature and quality of his act?
1) Unconscious or impaired consciousness so is not aware of what he is doing
2) Conscious but due to condition does not understand what he is doing
Which case demonstrates where D is conscious but does not understand what he is doing?
Codere - where D cut his wife’s throat thinking it was a loaf of bread
D must know that his act is legally wrong, which 2 cases demonstrate where D knew what he was doing was legally wrong?
Windle and Johnson
