Lecture 9 - Insanity, automatism & intoxication Flashcards
What is the defence of insanity ?
a defence for people who as a result of their mental condition should not be held responsible for what would otherwise be criminal conduct
what is needed according to the mnaghten case for a defence of insanity
1 - at the time of committing the act
2 - the party accused was labouring under such a defect of reason
3 - from disease of the mind
4 - not to know the nature and quality of the act he was doing
5 - or if he did know it that he did not know what he was doing was wrong
what is the significance of the r v clarke case 1972
establishes that the mnaghten rules dont apply when there has been a momentary failure to concentrate
what is meant by disease of the mind in relation to insanity
it means a disease which affects the proper functioning of the mind and mind according to the r v hennessy case means the mental faculties of reason, memory and understanding
what is automatism
if a person totally lacked control of there body at the time of the offence and that lack of control was not caused by his or her own prior fault then they may plead not guilty and be acquitted
what is the significance of the r v smallshire case
establishes that an external cause is needed for a defence of automatism
