Mental Capacity Defences

Question 1

DPP v Beard (I)

Answer 1

If intoxicated they will be unable to form the MR of the Offence.

Question 2

Majewski (I)

Answer 2

Voluntary Intoxication may be a defence to specific intent offences but not a defense to basic intent as becoming intoxication forms a ‘reckless corse of conduct’

Question 3

Sehan and More (I)

Answer 3

Drunken intent is still intent

Question 4

R v Lipman (I)

Answer 4

No intent was shown ⬇️Manslaughter

Question 5

Gallager (I)

Answer 5

Dutch Courage - Intent present.

Question 6

R v Allen (I)

Answer 6

Intoxication still voluntary if stonger than expected.

Question 7

Kingston (I)

Answer 7

‘drugged intent is still intent’
D had foremed the intent before being intoxicated. Being drugged had ‘lowered K’s inhibitions, it did not eliminate his awareness’

Question 8

Hardie (I)

Answer 8

Not Guilty - D was unnaware of the effect vallium woul dhave.

Question 9

R v Fotheringham (I)

Answer 9

No defense for drunken mistake.

Question 10

R v O’grady

Answer 10

Cannot reley on mistake of fact induced by intoxication

Question 11

R v Hatty (I)

Answer 11

Mitake of amount of force required for self-defence.

Question 12

Bratty (A)

Answer 12

An act done by the muscles without any contol of the mind. Such as a spasm, reflex or sleepwalking.

Question 13

ATG Ref No.2 1992

Answer 13

‘driving without awarness’ not a total destuction of voluntary control.

Question 14

Quick (A)

Answer 14

Took insulin (external) cuasing a hypoglaiceamia. Non-Insaine

Question 15

Hennesey (A)

Answer 15

Not Taken insulin - Hyperglaicemia casued by diabeties (internal) insaine

Question 16

M’Naughten (A)

Answer 16

1) Suffering from a defect of reason
2) caused by a disease of the mind
3) did not know the nature or quality of act

Question 17

R v Clarke (A)

Answer 17

Must be a disease of the mind not just absent mindedness.

Question 18

Kemp (A)

Answer 18

Can be a physical disease so long as reasoning, memory or undertanding are impaired.

Question 19

Oey (A)

Answer 19

Medical evidence supported that the D had not know the act was illeagal.

Question 20

Windle (A)

Answer 20

Although suffering fro mental ilness his words surgested still knew actions were wrong.