Homicide Defences: Defences Involving State of Mind Flashcards
Section and definition of legal insanity
s23 CA 1961
Every person shall be presumed sane at the time of doing or omitting any act, until the contrary is proven
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent to render him incapable -
- of understanding the nature and quality of the act or omission, or
- of knowing the act or omission was morally wrong, having regard to the commonly accepted standards of right or wrong
R v Green
Insanity is a matter for the defence to raise
prosecution is prohibited from adducing evidence of insanity, even if the accused has sought acquittal because of some state of mind not amounting to insanity
a judge may put the matter of insanity before a jury
Insanity burden of proof
up to the defence to prove
standard not as high as that demanded of the prosecution
if the defence cannot prove it, but the jury thinks that it is more likely than not that the defendant is insane, defendant is entitled to an acquittal on the grounds of insanity
R v Cottle
As to degree of proof, it is sufficient if the plea is established t the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
R v Clark
The decision as to an accused’s insanity is always for the jury and a verdict inconsistent with medical evidence is not unnecessarily unreasonable.
M’Naghtens Rules
If a person is insane or acting under a defect of reason from a disease of the mind, then they did not know:
- the nature and quality of their actions, or
- that what they were doing was wrong
Disease of mind definition
a term which defies precise definition and which can comprehend mental derangement in the widest sense
does not include a temporary mental disorder caused by an external factor, such as absorption of drugs, alcohol, anaesthetic, or hypnotism
R v Codere
Provides definition of what constitutes the nature and quality of an act
The nature and quality of the act means the physical character of the act. The phrase does not involve any consideration of the accused’s moral perception nor his knowledge of the moral quality of the act. Thus a person who is so deluded that he cuts a womans throat believing that he is cuttign a loaf of bread would not know the nature and quality of his act.
Automatism definition
a state of total blackout, during which a person is not conscious of their actions and not in control of them
R v Cottle
For automatism
Action without concious volition
Doing something without knowledge of it and memory afterwards of having done it - a temporary eclipse of consciousness that nevertheless leaves the person so affected ab;e to exercise bodily movements
Automatism culpability
actions preformed in a state of automatism are involuntary and the common law rule is that there is no criminal liability for such conduct
Two types of automatism
sane automatism: the result of somnambulism (sleepwalking), blow to head, or effects of drugs
Insane automatism: the result of a mental disease
How automatism intersections with insanity
Types of automatism can be treated as insanity
this may lead to a finding of insanity, even if the defendant has not raised this defense and has pleaded automatism alone
this can only be in the form of some sort of mental disease
Automatism induced by drink or drugs
Complicated, should not be confused with general defence of intoxication
Is available as a defence if defence can clearly raise the issue
General rule of intoxication being a defence in the commission of an offence:
It can be employed as a defence when:
1. Where intoxication causes disease of the mind as to being insanity (s23) into effect
2. If intent is required as an essential element, and drunkenness is such that defence pleas lack of intent
3. Where intoxication causes state of automatism (complete acquittal)
