Insanity and Automatism

Question 1

What act does Insanity come from?

Answer 1

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Question 2

What is the sentence if the act is murder but ‘not guilty by reason of insanity’?

Answer 2

Hospital order

Question 3

What are the potential sentences for anything other than murder?

Answer 3

1. Hospital order
2. Guardianship order
3. Supervision and treatment order
4. Absolute discharge

Question 4

Under what act does it state that the question of fitness to plead is to be left to the judge alone?

Answer 4

Domestic Violence and Victims Act 2004

Question 5

What case laid down the 3 points of insanity?

Answer 5

M’naghten

Question 6

What are the 3 points from M’naghten?

Answer 6

1. Defect of reason
2. Disease of the mind
3. He did not know the nature/quality of the act and he did not know that what he was doing was wrong in law

Question 7

What is a defect of reason?

Answer 7

Being deprived of the power to reason, rather than just failing to use it

Question 8

What is the case for defect of reason?

Answer 8

R vs Clarke

Question 9

What is the POL from R vs Clarke?

Answer 9

She retained her ordinary powers of reason but momentarily acted as she didn’t by failing to concentrate properly = no defect of reason and no insanity

Question 10

What type of definition is the disease of the mind?

Answer 10

Legal definition and not a medical one

Question 11

What is the POL from R vs Kemp?

Answer 11

The cause of the disease of the mind has to be internal (arteriosclerosis)

Question 12

What is the POL from R vs Sullivan?

Answer 12

Epilepsy is a disease of the mind as mental faculties could be impaired to cause a defect of reason during a fit

Question 13

What is the POL from R vs Burgess?

Answer 13

Sleepwalking is a disease of the mind as it is an internal cause of a defect of reason

Question 14

What is the POL from R vs Quick?

Answer 14

He took insulin to help with his diabetes but as insulin was taken, it was held that the cause was external

Question 15

What is the POL from R vs Hennessey?

Answer 15

Unlike Quick, he didn’t take his normal dose of insulin so the cause was internal

Question 16

What is the POL from R vs Coley, McGhee and Harris under the disease of the mind?

Answer 16

The cause was the smoking of cannabis and not D’s physiological make-up so was a case of voluntary intoxication not insanity

Question 17

What is the POL from R vs Coley, McGhee and Harris under the nature/quality of the act?

Answer 17

He knew what he was doing as he removed important documents before starting the fire

Question 18

What is the POL from R vs Johnson?

Answer 18

He knew it was legally wrong but thought he had a moral right to kill the victim so there was no insanity as he knew what he was doing was wrong in some manner

Question 19

What is the POL from R vs Keal?

Answer 19

He knew it was morally wrong but thought he had a legal right for the attempted murders so there was no insanity as he knew what he was doing was wrong in some manner

Question 20

What is the main case that lays out automatism?

Answer 20

Bratty vs A-G of Northern Ireland

Question 21

What is Lord Denning’s quote from Bratty vs A-G of Northern Ireland

Answer 21

Automatism means an act which is done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleepwalking

Question 22

What are some examples of an external cause due to Lord Denning’s quote?

Answer 22

Severe blows to the head, hypnotism, anesthetic, swarm of bees

Question 23

What other state can be classed as automatism in some cases?

Answer 23

A dissociative state caused by an extraordinary event

Question 24

What is the POL from R vs T?

Answer 24

She was raped 3 day prior to the offence and was suffering from PTSD which put her into a dissociative state = automatism

Question 25

What is the POL from Broome vs Perkins?

Answer 25

Was in a hypoglycemic state and hit a car whilst driving home: held that he has some voluntary control over his movements and was not acting in an entirely involuntary manner so was not automatism

Question 26

What is the POL from Attorney-General’s Reference (No.2 of 1992)?

Answer 26

He was put into a trance-like state due to the repetitive view of the motorway but his awareness was not fully eliminated so there was no automatism

Question 27

What is self-induced automatism?

Answer 27

If the automatism was caused by the defendant (drugs/alcohol) then the defence will not be available

Question 28

When may self-induced automatism still amount to a defence?

Answer 28

If the automatism was brought about another way then it may still be used depending on whether the defendant knew there was a risk

Question 29

What is the POL from R vs Bailey?

Answer 29

Failing to eat properly whilst diabetic is clearly reckless and carries an obvious risk so self-induced automatism was held and he couldn’t access the defence

Question 30

What is the POL from R vs Coley, McGhee and Harris under self-induced automatism?

Answer 30

Automatism is not available to D who has induced an acute state of involuntary behaviour by his own fault (consuming drugs or alcohol).

Question 31

What is the POL from R vs Hardie ?

Answer 31

He did not understand the effects of the drug and was not seen as reckless so could rely on the defence. May not hold up in today’s courts and may be seen as reckless now