Insanity/Insane Automatism Flashcards
What type of defence is it?
Capacity defence
Definition of insanity?
Defendant has a defect of reason, from a disease of the mins, so that they did not know the nature and quality of their act, or if they did, they didn’t know the act was wrong
What are the two procedural rules?
D presumed sane
Judge decides whether the defendant is fit to plead
Burden of proof on defendant
What is the standard of proof
On a balance of probabilities
Who can raise the issue of insanity?
Prosecution, defence or judge
Why is insanity rarely used?
Due to social stigma
M’naghten rules
Labouring under a defect of reason
Arising from a disease of mind (actus reus)
Did not know the nature and quality of the act (actus reus)
Or, if he did know it, that he did not know that what he was doing was wrong (mens rea)
Labouring under a defect of reason (mens rea)
Deprived of the power to reason.
Does not include confusion - R v Clarke
R v Clarke
Took items from shop and forgot to pay due to diabetes - wasn’t deprived of powers of reasoning
m
m
Arising from a disease of mind (actus reus)
Supported by medical evidence
Must be caused by internal factor existing at time of act
jm
m
Did not know the nature and quality of the act (actus reus)
Meaning the physical nature and consequences, not the morality
m
m
Or, if he did know it, that he did not know that what he was doing was wrong (actus reus)
Defence will fail if defendant knew their actions were legally wrong.
