insanity and automatism Flashcards
what is the leading case for insanity?
M’Naghten
what does M’Naughten set out?
that if d wants to use insanity, d will have the responsibility of proving this as the jury set out with a presumption that d is sane
what are the 3 rules from M’Naghten that must be proved?
-d was suffering from a defect of reasoning
-coming from a disease of the mind which made d either
-not know the nature and quality of his act, or
-not know that it is actually wrong
what is a defect of reasoning?
where d is deprived of the power of reasoning, and cannot make prroper decisions - symptoms of what d is suffering from
what is a disease of the mind?
a malfunctioning of the mind and applied to any internal causes like mental illnesses
what is the case for disease of the mind?
Hennessy
what does d not knowing the nature of his act entail?
-d was unconscious
-conscious but due to condition did not understand it is wrong
what does d not knowing that the act is wrong entail? what is the case?
-Johnson
-where d knew what he was doing was legally wrong, but thought he was morally justified
what is automatism?
where d committed an involuntary act caused by an external factor
what counts as an involuntary act?
-must be 100% involuntary
-things like seizures, spasms, reflexes etc
what counts as an external factor?
-hit in the head
-intoxication
-hypnotised
what is the case for external factors?
Bailey
what is the golden rule for self induced automatism?
d will only have the defence if he lacks the mens rea needed for that crime
