Insanity and automatism Flashcards
Where do the rules for insanity come from?
M’Naughten
When was the case of M’Naughten?
1843
What is the definition of insanity?
- A defect of reason
- Which is a result of a disease of the mind
- Which causes D not to know the nature and quality of his act or not know he was doing wrong
What kind of defence is insanity?
A complete defence
What was the only sentencing option before 1991?
Sending D to a mental hospital
What are the current sentences a judge can impose
A hospital order
A supervision order
An absolute discharge
What does defect of reason mean?
D’s powers of reasoning must be impaired
What is not a defect of reason?
Where D is capable of reason but has failed to use these Powers
Give the facts of Clarke
D stole items from a supermarket but claimed to have no recollection of doing so
Give the ratio of Clarke?
Confusion or absent mindedness is not sufficient for defect of reason
Define a disease of the mind
A mental disease or a physical disease which affects the mind
Give the facts of Kemp
D had hardening of the arteries which caused temporary loss of consciousness during which he attacked his wife brutally
Give the decision in Kemp
Not guilty by reason of insanity
Give the ratio of Kemp
Physical diseases which affect the mind are sufficient for insanity
Give the facts of Sullivan
D was an epileptic known to be violent during fits, he injured a man
Give the ratio of Sullivan
The impairment does not need to be permanent providing it existed at the time of the offence
Give two Ao2 criticisms of the term “disease of the mind”
Its a legal definition not a medical one
It bears no link to psychological evidence
Give the facts of Burgess
D attacked his girlfriend in his sleep
Give the decision in Burgess
Not guilty by reason of insanity
Give the ratio of Burgess
Sleepwalking is a sleep disorder and is therefore a disease of the mind
Give the facts of Lowe
D murdered his father and cleaned it up all while sleepwalking
Give the decision in Lowe
Not guilty by reason of insanity
Give the ratio of Lowe
Sleepwalking is a disease of the mind
Give the facts of Thomas
D suffered from night terrors and murdered his wife during one
Give the decision in Thomas
The jury found him not guilty but there were grounds for insanity
Give the ratio of Thomas
Sleep disorders are diseases of the mind
Give the facts of Bilton
D raped a girl three times while sleepwalking
Give the decision of Bilton
Not guilty by reason of insanity
Give the ratio of Bilton
Sleep disorders are diseases of the mind
Give the facts of Ecott
D raped an underage girl while sleepwalking
Give the decision of Ecott
Not guilty by reason of insanity
Give the ratio of Ecott
Sleep disorders are diseases of the mind
Give the facts of Hennessy
D was a diabetic who had not taken his insulin in three days, he stole a car but had no recollection of doing it
Give the decision of Hennessy
There were grounds for insanity but D had wanted non insane automatism
Give the ratio of Hennessy
Hyperglycaemic diabetes is a disease of the mind because his high blood sugar levels affect the mind
Give the facts of Quick
D was a diabetic who took his insulin but hadnt ate enough, causing him to assault V
Give the decision of Quick
D could rely on automatism
Give the ratio of Quick
Since D was hypoglycaemic and insulin is an external factor D could rely on automatism
Give the facts of Windle
D killed his wife who constantly said she wanted to kill herself then said “i suppose theyll hang me for this”
Give the decision of Windle
Defence of insanity not available
Give the ratio of Windle
Where D knows the nature and quality of his acts there is no defence
Give the lead case that defines non insane automatism
Bratty
Who define automatism in Bratty?
Lord Denning
Give the definition Denning states in Bratty
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
Give the facts of Bingham
D was a diabetic charged with theft to the amount of £1, he was hypoglycaemic and unaware of his actions at the time
Give the ratio of Bingham
Hypoglycaemia is an external factor so automatism can be relied on
Give the facts of Charlson
D hit his son with a hammer then threw him in a river while suffering from a cerebral tumour
Give the decision in Charlson
Not guilty - automatism, the question of insanity was not raised
Give the ratio of Charlson
D did not know what he was doing, so that his mind was not in control of his limbs
Give the facts of Antonuik
D was raped and stabbed her rapist she claimed to be suffering from amnesia at the time because of the shock of being raped
Give the decision in Antonuik
D not guilty - Automatism
Give the ratio of Antonuik
The judge said if her amnesia was real she was not to be convicted
Give the facts of Watmore and Jenkins
D drove dangerously during a hypoglycaemic episode
Give the decision of Watmore v Jenkins
D not guilty - automatism
Give the facts of Wholley
D had a sneezing fit and crashed his car
Give the decision in Wholley
D was successful with automatism
Give the ratio of Wholley
Sneezing is an act done by the muscles with no control by the mind so D was not guilty
Give the facts of Hardie
D took a valium to try and calm done, it had the adverse effect and he set fire to a wardrobe
Give the decision in Hardie
Not guilty - automatism
Give the facts of Mkizy
D was epileptic and stabbed his sister during a fit
Give the decision of Mkizy
Successful with automatism
Give the facts of Attorney Generals Reference
D was driving without awareness but was able to partially brake when crashing
Give the decision in Attorney Generals Reference
Successful with defence but shouldnt have been
What is the ratio of Attorney Generals Reference
There must be a complete destruction of Voluntary control
Give the facts of Rabey
Committed a crime because his girlfriend broke up with him
Give the ratio of Rabey
Court said the “ordinary stresses and disappointments of everyday life arent enough”
