insanity and automatism Flashcards
what case established the elements for insanity
m’naghten
what are the three elements that have to be proved to succeed with insanity
1.suffering from a defect of reason 2.cause by a disease of the mind 3.d did not know the nature of their act or that what they were doing was wrong
what is the case for defect of reason
r v clarke, d stole items from s hop claiming she was suffering from depression caused her to be absent minded. this case proved that being absent minded was not a defect of reasoning
what is the case for disease of the mind
r v kemp. d attacked his wife with a hammer during a blackout caused by a hardening of the arteries. even though it was a physical rather than mental condition it still constituted for a disease of the mind because it affected his mind.
what is the case for not knowing the nature of their act or that what they were doing was wrong
r v windle, d gave his wife a fatal overdose of aspirin and then said, ‘I suppose they will hang me for this’
what will the effect be if plea of insanity is successful
defendant will be deemed ‘ not guilty by reason of insanity
what act made changes regarding the disposal of the criminally insane
domestic violence, crime and victims act 2004.
what two main changes did the domestic violence crimes and victims act 2004 make
the act removed guardianship from the list of disposals available, the secretary of state is no longer able to make decisions regarding hospitalisation
what has automatism been defined as by who in what case
‘an act done by the muscles without any control by the mind, such as a spasm, a reflex action or convulsion’ Lord Denning in Bratty v NI
what three things must be established to succesfully plea automatism
- total loss of voluntary control
- caused by an external factor
- that is not self induced
what is the leading case for a total loss of voluntary control
R v Woolley, defendant caused an eight car pile up whilst he had a sneezing fit. A sneeze could amount to an involuntary action for automatism
what is the key difference between insanity and automatism
total loss of voluntary control must be caused by an external factor
what is the key case for an external factor
Hill v Baxter, D committed a driving offence but claimed he was unconscious after being overcome by a sudden illness. He was not allowed the defence of automatism, this case emphasised the need for medical evidence. Judge Devlin gave his famous hypothetical situation of the swarm of bees in this case.
what is the difference between hypoglycaemic state and hyperglycaemic state
hypoglycaemic state=low blood sugar=automatism
hyperglycaemic state=high blood sugar=insanity
what is a case for external factor
R v T, defendant was charged with robbery but claimed she had been raped days earlier. medical evidence showed that she was suffering from PTSD. she was not allowed the defence of automatism
