Insanity and Automatism

Question 1

what case are the rules on insanity based on

Answer 1

M’Naghten

Question 2

what is the first rule from M’Naghten

Answer 2

Defendant suffered a defect of reason

Question 3

what was confirmed in Clarke

Answer 3

the disease of mind has to be a constant thing and not for a brief moment of time

Question 4

what is the second rule from M’Naghten

Answer 4

defect of reason was caused by a disease of the mind

Question 5

what was confirmed in Bratty v AG for Northern Ireland

Answer 5

any mental disorder that is prone to recur should be classed as a ‘disease of the mind’

Question 6

what do all the conditions have in common when they’re considered by the courts

Answer 6

all caused by an internal factor

Question 7

case for hardening of arteries

Answer 7

R v Kemp

Question 8

case for epilepsy

Answer 8

R v Sullivan

Question 9

case for diabetics and not taking insulin

Answer 9

R v Hennessy

Question 10

case for sleep disorder

Answer 10

R v Burgess

Question 11

what is the third rule from M’Naghten

Answer 11

Defendant didn’t know the nature and quality of their act, or if they did know, they didn’t know that what they were doing was legally wrong

Question 12

what are the two ways in which the defendant may not know the nature and quality of the act

Answer 12

• defendant was in a state of unconsciousness or impaired consciousness
• where he is conscious but due to his mental condition he doesn’t understand or know what he’s doing

Question 13

what was established in Windle

Answer 13

Defendant saying ‘ill suppose I’ll hang for this’ shows that he knows what he did was legally wrong

Question 14

case for voluntary intoxication and insanity

Answer 14

R v Coley

Question 15

case for psychotic episode

Answer 15

R v Oye

Question 16

what is the defence of automatism

Answer 16

defendant is legally sane but is unable to control his actions

Question 17

first element of proving automatism

Answer 17

defendant is not in control and therefore it is an involuntary act

Question 18

how was automatism defined in Bratty v AG for Northern Ireland by Lord Denning

Answer 18

‘an act which is done by the muscles without any control by the mind’

Question 19

second element of proving automatism

Answer 19

the loss of control was due to an external factor/cause

Question 20

case for injecting insulin as external factor

Answer 20

R v Quick

Question 21

case for driver of vehicle not driving voluntarily

Answer 21

Hill v Baxter

Question 22

third element of proving automatism

Answer 22

there was a total loss of voluntary control

Question 23

case for impaired, reduced or partial control not being enough

Answer 23

AG’s Ref

Question 24

case for driver being aware while suffering hypoglycaemia

Answer 24

Broome v Perkins

Question 25

what was confirmed in Lipman

Answer 25

where self-induced automatic state is caused by the external factor of intoxication, defendant can’t use the defence of automatism

Question 26

case for self-induced automatism being available for crimes of specific intent

Answer 26

Bailey

Question 27

case for automatism failing as defendants state was induced through his voluntary fault

Answer 27

R v McGhee