General State Of Automatism

Question 1

Defence of insanity available to all offences including murder with the exception of SLO

Answer 1

DDP v H 1997

Question 2

Defence of insanity is governed by the …

Answer 2

M’Naghten Rules

Question 3

Disease of the mind includes hardening of the arteries that caused temporary unconsciousness

Answer 3

R v Kemp

Question 4

HL held that epilepsy was a disease of the mind because D’s mental faculties were impaired I.e. his reason, memory, understanding. It did not matter if the disease was not permanent provided that it existed at the time of the act

Answer 4

R v Sullivan

Question 5

Hyperglycaemic diabetes. Had not enough insulin an internal factor direct result of diabetes, should be insanity not NIA.

Answer 5

R v Hennesssy

Question 6

Hypoglycaemic diabetes. Conviction quashed. Had insulin but failed to eat. Insulin (external factor) caused erratic behaviour

Answer 6

R v Quick

Question 7

Sleepwalking case. No obvious external factors causing automatism, sleep disorder internal therefore could recur. Ordinary stresses and anxieties not enough to constitute external factor.

Answer 7

R v Burgess

Question 8

Defect of reason more than absent mindedness or momentary confusion

Answer 8

R v Clarke 1972

Question 9

D attacked police thinking they had demonic faces and were agents of evil spirits. D found not guilty by reason of insanity

Answer 9

Oye 2013

Question 10

Sexsomnia cases

Answer 10

Bilton, Ecott

Question 11

If D realised the nature and quality of the act and realised that he was doing wrong, he cannot come within the rules of insanity

Answer 11

R v Windle

Question 12

Followed Windle. D, a paranoid schizophrenic forced his way into D’s flat and stabbed him. D knew what he was doing and therefore couldn’t be classified insane

Answer 12

Johnson 2007