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G153 Law > Insanity and automatism > Flashcards

Insanity and automatism Flashcards

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1
Q

Where do the rules for insanity come from?

A

M’Naughten

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2
Q

When was the case of M’Naughten?

A

1843

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3
Q

What is the definition of insanity?

A
  1. A defect of reason
  2. Which is a result of a disease of the mind
  3. Which causes D not to know the nature and quality of his act or not know he was doing wrong
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4
Q

What kind of defence is insanity?

A

A complete defence

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5
Q

What was the only sentencing option before 1991?

A

Sending D to a mental hospital

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6
Q

What are the current sentences a judge can impose

A

A hospital order
A supervision order
An absolute discharge

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7
Q

What does defect of reason mean?

A

D’s powers of reasoning must be impaired

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8
Q

What is not a defect of reason?

A

Where D is capable of reason but has failed to use these Powers

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9
Q

Give the facts of Clarke

A

D stole items from a supermarket but claimed to have no recollection of doing so

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10
Q

Give the ratio of Clarke?

A

Confusion or absent mindedness is not sufficient for defect of reason

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11
Q

Define a disease of the mind

A

A mental disease or a physical disease which affects the mind

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12
Q

Give the facts of Kemp

A

D had hardening of the arteries which caused temporary loss of consciousness during which he attacked his wife brutally

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13
Q

Give the decision in Kemp

A

Not guilty by reason of insanity

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14
Q

Give the ratio of Kemp

A

Physical diseases which affect the mind are sufficient for insanity

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15
Q

Give the facts of Sullivan

A

D was an epileptic known to be violent during fits, he injured a man

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16
Q

Give the ratio of Sullivan

A

The impairment does not need to be permanent providing it existed at the time of the offence

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17
Q

Give two Ao2 criticisms of the term “disease of the mind”

A

Its a legal definition not a medical one

It bears no link to psychological evidence

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18
Q

Give the facts of Burgess

A

D attacked his girlfriend in his sleep

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19
Q

Give the decision in Burgess

A

Not guilty by reason of insanity

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20
Q

Give the ratio of Burgess

A

Sleepwalking is a sleep disorder and is therefore a disease of the mind

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21
Q

Give the facts of Lowe

A

D murdered his father and cleaned it up all while sleepwalking

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22
Q

Give the decision in Lowe

A

Not guilty by reason of insanity

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23
Q

Give the ratio of Lowe

A

Sleepwalking is a disease of the mind

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24
Q

Give the facts of Thomas

A

D suffered from night terrors and murdered his wife during one

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25
Q

Give the decision in Thomas

A

The jury found him not guilty but there were grounds for insanity

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26
Q

Give the ratio of Thomas

A

Sleep disorders are diseases of the mind

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27
Q

Give the facts of Bilton

A

D raped a girl three times while sleepwalking

28
Q

Give the decision of Bilton

A

Not guilty by reason of insanity

29
Q

Give the ratio of Bilton

A

Sleep disorders are diseases of the mind

30
Q

Give the facts of Ecott

A

D raped an underage girl while sleepwalking

31
Q

Give the decision of Ecott

A

Not guilty by reason of insanity

32
Q

Give the ratio of Ecott

A

Sleep disorders are diseases of the mind

33
Q

Give the facts of Hennessy

A

D was a diabetic who had not taken his insulin in three days, he stole a car but had no recollection of doing it

34
Q

Give the decision of Hennessy

A

There were grounds for insanity but D had wanted non insane automatism

35
Q

Give the ratio of Hennessy

A

Hyperglycaemic diabetes is a disease of the mind because his high blood sugar levels affect the mind

36
Q

Give the facts of Quick

A

D was a diabetic who took his insulin but hadnt ate enough, causing him to assault V

37
Q

Give the decision of Quick

A

D could rely on automatism

38
Q

Give the ratio of Quick

A

Since D was hypoglycaemic and insulin is an external factor D could rely on automatism

39
Q

Give the facts of Windle

A

D killed his wife who constantly said she wanted to kill herself then said “i suppose theyll hang me for this”

40
Q

Give the decision of Windle

A

Defence of insanity not available

41
Q

Give the ratio of Windle

A

Where D knows the nature and quality of his acts there is no defence

42
Q

Give the lead case that defines non insane automatism

A

Bratty

43
Q

Who define automatism in Bratty?

A

Lord Denning

44
Q

Give the definition Denning states in Bratty

A

Automatism is an act done by the muscles with no control of 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 while suffering from a concussion or sleepwalking

45
Q

Give the facts of Bingham

A

D was a diabetic charged with theft to the amount of £1, he was hypoglycaemic and unaware of his actions at the time

46
Q

Give the ratio of Bingham

A

Hypoglycaemia is an external factor so automatism can be relied on

47
Q

Give the facts of Charlson

A

D hit his son with a hammer then threw him in a river while suffering from a cerebral tumour

48
Q

Give the decision in Charlson

A

Not guilty - automatism, the question of insanity was not raised

49
Q

Give the ratio of Charlson

A

D did not know what he was doing, so that his mind was not in control of his limbs

50
Q

Give the facts of Antonuik

A

D was raped and stabbed her rapist she claimed to be suffering from amnesia at the time because of the shock of being raped

51
Q

Give the decision in Antonuik

A

D not guilty - Automatism

52
Q

Give the ratio of Antonuik

A

The judge said if her amnesia was real she was not to be convicted

53
Q

Give the facts of Watmore and Jenkins

A

D drove dangerously during a hypoglycaemic episode

54
Q

Give the decision of Watmore v Jenkins

A

D not guilty - automatism

55
Q

Give the facts of Wholley

A

D had a sneezing fit and crashed his car

56
Q

Give the decision in Wholley

A

D was successful with automatism

57
Q

Give the ratio of Wholley

A

Sneezing is an act done by the muscles with no control by the mind so D was not guilty

58
Q

Give the facts of Hardie

A

D took a valium to try and calm done, it had the adverse effect and he set fire to a wardrobe

59
Q

Give the decision in Hardie

A

Not guilty - automatism

60
Q

Give the facts of Mkizy

A

D was epileptic and stabbed his sister during a fit

61
Q

Give the decision of Mkizy

A

Successful with automatism

62
Q

Give the facts of Attorney Generals Reference

A

D was driving without awareness but was able to partially brake when crashing

63
Q

Give the decision in Attorney Generals Reference

A

Successful with defence but shouldnt have been

64
Q

What is the ratio of Attorney Generals Reference

A

There must be a complete destruction of Voluntary control

65
Q

Give the facts of Rabey

A

Committed a crime because his girlfriend broke up with him

66
Q

Give the ratio of Rabey

A

Court said the “ordinary stresses and disappointments of everyday life arent enough”

G153 Law (24 decks)

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