Hyperglycaemia Flashcards
What is the actus reus in hyperglycaemic
Stealing the pac makeup in salfridges
What is hyperglycaemia
Lack of insulin
What case supports hyperglycaemic
R v Hennessy
What was held in R v Hennessy
Not injected insulin for number of days - drove recklessly - judge rejected that this would constitute automatism as hyperglycaemia is caused by an internal factor (disease of the mind - diabetes)
Define disease of the mind
(Legal definition) - ‘mind’ is not used to mean ‘brain’ but to mean the ‘mental faculties of reason, memory and understanding’ (r v Kemp)
What sections of Criminal Procedure (Insanity Act) 1964 sets out the three disposable options where a defendant is unfit to plead or not guilty by reasons of insanity?
5 and 5a
What are the three disposable options where a defendant is unfit to plead or not guilty by reason of insanity
1) Hospital Order ( section 37 of mental health act 1983)
2) supervision order (section 1a of criminal procedure (insanity act) 1964)
3) absolute discharge
Liability in hyperglycaemic
No men’s rea