Insanity and Automatism (AO1) Flashcards
What is the AO1 of insanity made up of?
-Intro
-M’Naghten
-Balance of probabilities
-Successful plea…
What is the AO1 intro for Insanity?
-Explain that these defences have been developed through common law
-Insanity is also known as insane automatism
-The defence was created in M’Naghten 1843
What would you write for M’Naghten?
The three part test establishes by the case of M’Naghten, also known as the M’Naghten rules are:
1. Was the D suffering from defect of reason (Clarke)
2. Was it caused by a disease of the mind? (Kemp)
3. Did the D not know the nature and quality of his act or that it was legally wrong? (Windle)
What would you write for balance of probabilities?
-The defence must prove that the D was insane on balance of probabilities
What would you write for successful plea? (insanity)
-If there is a successful plea there is a range of sentencing options for the judge - as stated in the (Criminal Procedure Act 1991)
-If the case was of murder then there must be an indefinite hospital order
-For other offences, it can be a hospital order/ supervision order/ absolute discharge
What would you write for AO1 for automatism?
-Intro (same as insanity intro)
-Defined Bratty ( three part test)
-what external factor means
-Successful plea…
What would you write for intro (same for both insanity and automatism or just one)
-Explain that these defences have been developed through common law
-Insanity is also known as insane automatism
-The defence was created in M’Naghten 1843
What would you write for defined bratty (three part test)?
Defined in (Bratty v A-G for NI), stating that it…
-Must be caused by an external factor (spasms, convulsions, reflex actions) (T)(Quick)
-Must be an involuntary act which the mind has no control over (A-G Ref 1993)
-Must be from an automatic state which is not self-induced (Bailey)
What would you write for what external factor means?
-For an involuntary act to be caused by an external factor it essentially means that the D has no mens rea for the offence he committed
What would you write for successful plea… (automatism)
-If pleaded successful there is a complete acquittal
-The burden of proof is on the prosecution
What is the principle for Clarke?
Insanity failed as it was stated a defect of reason must be more than confusion or absent mindedness
What is the principle of Kemp?
D not guilty as a disease of the mind must be temporary, permanent, curable or incurable.
What is the principle of Quick?
The diabetic seizure was caused externally as it was caused not by his diabetes but by the external factor of insulin and was therefore automatism not insanity
What is the principle of Windle?
The D understood that his act was wrong and therefore he was unable to claim insanity
What is the principle of T?
D suffered from a dream like state caused by overwhelming emotion and extraordinary events, the judge allowed automatism but the Jury still convicted
