insanity and automatism Flashcards
What type of defence is insanity?
A general defence.
What is the result of successfully using insanity as a defence?
A special verdict of not guilty by reason of insanity.
What are the consequences of the special verdict for insanity?
May result in a Treatment Order (detention in a mental hospital), a Supervision and Treatment Order, a Guardianship Order or an absolute discharge.
What is the presumption for insanity?
Every D is sane, they know what they are doing and can be found guilty. D has to prove they are insane on the balance of probabilities.
What are the rules from M’Naghten?
In order to prove insanity D must be suffering from a:
-Defect of reason, coming from a
-Disease of the mind, so that the defendant either
-Does not know the nature and quality of his act, or that the defendant
-Does not know what he is doing is wrong
What does a defect of reasoning mean?
D is deprived of the power of reasoning when committing the crime. It doesn’t matter if this is only temporary, provided they couldn’t use reasoning when they were actually committing the crime. (Think of the defect as the symptoms of the illness or what D was thinking).
What does disease of the mind mean?
A malfunctioning of the mind. This includes any internal causes (i.e. medical illnesses) that affect memory, reasoning or understanding. These can be both mental and physical conditions.
What are some examples of diseases of the mind?
Arteriosclerosis
-Sleep disorder
-Epilepsy
-Diabetes
-Schizophrenia
-Psychopathy
-Bipolar disorder
Why was insanity the appropriate defence in Hennessy?
D was suffering from diabetes and was in a state of hyperglycaemia from the diabetes, making it an internal factor.
What does it mean for D to not know the nature and quality of his act?
Either:
-D is unconscious or has impaired consciousness so isn’t aware of what he is doing
-D is conscious, but due to the condition does not understand or know what he is doing
What does it mean that D doesn’t know the act is wrong?
Johnson- D must not know that the act is legally wrong.
What is automatism?
A crime committed by an involuntary act caused by an external factor.
What happens when automatism is used successfully?
The defence is a complete one and the defendant will be found not guilty.
What is an involuntary act?
Bratty v Attorney General for NI- an act which is done by the muscles without any control by the mind.
To what extent must the act be involuntary?
D must have no control over their actions- it has to be 100% involuntary. If D has any awareness about what they are doing, they cannot use the defence.
