Insanity and Automatism ✅ Flashcards
What is automatism?
The body acting without control of the mind
What is insane automatism?
Insanity
What is sane automatism?
Automatism
How does the defence of insanity work?
Full defence against a number of crimes, however not murder or attempted murder
What would the verdict of a case be if they were found to be insane?
“Not guilty by reason of insanity”
What did the sentence of a judge have to be before 1991?
D had to be sent to a mental hospital
What options does a judge have after the criminal procedure, insanity and fitness to pleads, act 1991 was passed?
- hospital order (with or without restrictions)
- supervision order
- an absolute discharge
Why is insanity not used for murder?
Would use diminished responsibility instead
Why is insanity not available for strict liability offences?
Insanity is a defence that looks at the mens rea
What is the definition of insanity?
The defendant must be labouring under such a defect of reason, from a disease of the mind, as not to know the nature and quality the act he was doing, or if he didn’t know it, then he did not know what he was doing wrong
What is meant by a defect of reason?
- legal definition, not medical
- power of reasoning must be impaired
- if the defendant is capable of reasoning, then it is not a defect of reason
What is the significance of R v Clarke?
If the defendant is capable of reasoning then it is not a defect of reason
(Absent mindedness is not a defect of reason)
What is the significance of R v Sullivan?
Does not matter if the defect is temporary or permanent
(Epilepsy)
What is meant by the disease of the mind?
- legal definition, not medical
- a malfunctioning of the mind
- can be due to a mental or physical reason
What is the significance of R v Kemp?
A physical cause can amount to a disease of the mind
(Hardening of the arteries)
What is the significance of R v Hennessy?
Diabetes can be a disease affecting the mind
(D hadn’t taken insulin for days and stole a car)
What is the significance of R v Burgees?
Sleepwalking can be a disease of the mind if it’s due to a sleep disorder
( if due to an external cause, not insanity but automatism)
What is the significance of R v Quick?
Insulin for a diabetic is an external factor, so would be automatism if due to an excess amount of insulin
What is the significance of R v Coley?
Psychotic episode induced by drugs - automatism
What are the two potential options when talking about the nature of the act and knowing it’s wrong?
- Because D is unconscious or in an impaired state of consciousness
- Conscious but due to a medical condition, didn’t know it was wrong
What is the significance of R v Oye?
Did not understand the nature of the act and that what he was doing was wrong
What is the significance of R v Windle?
Said “I suppose they will hang me for this” showed he knew what he was doing was wrong and therefore not insanity
What is the significance of R v Johnson?
Schizophrenic - however experts said he knew what he was doing was wrong and therefore not insanity
What is the definition of automatism? Bratty v Att Gen for NI
An act done by the muscles without any control of the mind, such as a spasm, a convulsion or a reflex action; or an act done by a person who is not conscious of what he is doing, such as an act done by suffering from concussion or whilst sleepwalking
