insanity and automatism

Question 1

what is the definition of insanity

Answer 1

stated in the M’Naghten rules 1843, it said that is the defendant wishes to rely on the defence, it must be proves that they laboured under a defectt of reason caused by a dies of the mind, so that they did not know the nature or quality of the act, alternatively, thy did not know what they were doing was wrong.

Question 2

what does defect of reason mean

Answer 2

disease of the mind must impair the defendants power of reasoning and absent mindedness or confusion is insufficient to show a defect of reason

Question 3

what does a disease of the mind mean

Answer 3

condition must cause a malfunctioning of the mind.

Question 4

what can’t the disease of the mind be caused by

Answer 4

external factors

Question 5

who will determine weather it was a disease of the mind

Answer 5

judge

Question 6

is disease of the mind a medical or legal term

Answer 6

medical

Question 7

what is the cases relate to the disease of the mind

Answer 7

R v Kemp 1956
R v Burgess 1991

Question 8

what happens in the case R v Kemp 1956 relating to the disease of the mind

Answer 8

D suffered from hardening of the arteries causing temporary loss of consciousness, he violently attacked his wife, charged with GBH. LP- disease of mind is a question of law for the trial judge to decide

Question 9

what case relates to defect of reason

Answer 9

R v Clarke 1972

Question 10

what happened in the case R v Clarke relating to defect of reason

Answer 10

D charged with their putting groceries,clamied absent mind, whilst suffering with depression not guilty LP- failed to exercise powers

Question 11

what happens in the case R v Burgess 1991 relating to disease of the mind

Answer 11

D attacked girlfriend while asleep, medical evidence showed that he suffered with a sleeping disorder. Verdict not guilty by reason of insanity
LP- a condition caused by internal factor will constitute a disease of the mind bringing the defendant within the scope of the defence of insanity

Question 12

what does not knowing the nature and quality of the act mean

Answer 12

a defendant may be in this state as a result of:
-state of unconsciousness or impaired consciousness
- mental condition which causes them not to know or understand what they are doing even though they are conscious

Question 13

what does not knowing what they were doing was wrong mean

Answer 13

the defendant requires to fill to understand that what they were doing was legally wrong

Question 14

what case relates to not knowing what they were doing was wrong

Answer 14

R v Windle 1952

Question 15

what happens in the case R v Windle 1952 relating to not knowing what they were doing was wrong

Answer 15

D gave wife fatal does of aspirin, he suffered from a mental illness he commented I suppose ill hang for this, these words showed that his actions were legally wrong. Convicted of murder
LP- to rely on insanity the defendant t must know what they were doing was wrong

Question 16

what does rationale mean

Answer 16

is D is unable to control his behaviour or movements his conduct is involuntary and should not lead to criminal liability

Question 17

what is the outcome for insanity

Answer 17

special verdict of ‘not guilty by reason of insanity’

Question 18

what is the outcome of automatism

Answer 18

acquitted (forgotten about)

Question 19

what are the general principles for insanity

Answer 19

-has to be relevant at time of the offence committed
-only relevant if defendant stand trial
burden of proof with D on abalone of probabilities
if prosecution wish to claim it of the D then they have to prove beyond reasonable doubt

Question 20

options is found insane

Answer 20

-criminal procedure act 1991
-murder=hospital order for life
any other offence
-hospital
-guardianship
- absolute discharge

Question 21

what does automatism mean

Answer 21

as act which is done by the muscles without any control by the mid, such as a spasm, a reflex action or a convulsion, or an act done by a person who is not conscious of what they are doing, such as an act done while suffering from concussion or while sleepwalking

Question 22

what is the difference between insanity and automatism

Answer 22

insanity- in head
automatism- outside body

Question 23

what is sane automatism

Answer 23

when D successfully pleads sane for an involuntary or unconscious action they will be acquitted

Question 24

what does insane automatism mean

Answer 24

defendant pleads insane automatism for an involuntary or unconscious action, the verdict of not guilty by reason of insanity will apply

Question 25

what two thins needs to be proved in-order to plead sane automatism

Answer 25

total loss of voluntary control
this had been caused by external factors

Question 26

what dos total loss of voluntary control mean

Answer 26

means that even though the defendant committed the acts Zeus their actions were involuntary and as a result they could not have the required mens rea

Question 27

what case links to total loss of voluntary control

Answer 27

Attorney generals reference 1993

Question 28

what happened in the case attorney generals reference 1993 relating to total loss of voluntary control

Answer 28

D was a lorry driver driven half a mile on hardshoulder before crashing into a broken down car, raised defence of sane automatism, the jury acquitted the defendant, should have not been put to the jury because the driver had some control over his actions

Question 29

what does caused by an external factor mean

Answer 29

violence, drugs, including anaesthetics, alcohol sonf hypnotic influences cannot fairly be said to be due to disease

Question 30

what case relates to caused b y external factor

Answer 30

R v Quick 1973

Question 31

what happens in the case R v Quick 1973 relating to caused by external factors

Answer 31

D was nurse caring for patient, nurse attacked the patient, he was diabetic state as not eating enough, the trial judge claimed this was insanity rather than automatism, quashed his condition as his loss of control was caused by insulin and not by the diabetics