mental capacity defences

Question 1

what type of defence is insanity

Answer 1

a full defence

Question 1

where were rules on insanity set out

Answer 1

m’naghten

Question 2

what offences can insanity be used for

Answer 2

all but a strict liability offence

Question 3

where was it established insanity cant be used for strict liability

Answer 3

dpp v h

Question 4

what must be established for insanity

Answer 4

a defect of reason
caused by disease of the mind
defendant doesn’t know nature of quality of act

Question 5

what is the standard of proof for insanity

Answer 5

established on a balance of probabilities

Question 6

what was the hol’s ruling on how inanity is established

Answer 6

the defendant must be presumed sane unless they can prove on the balance of probabilities an insanity defence

Question 7

what is a defect of reason

Answer 7

powers of reasoning must be impaired

Question 8

does failing to act on reason fall under defect of reason

Answer 8

no

Question 9

what case established that failing to act on reason does to establish a defect of reason

Answer 9

r v clarke

Question 10

what case shows the distinction between absentmindedness and defect of reason caused by disease

Answer 10

r v hennessy

Question 11

what is a disease of the mind

Answer 11

any physical or mental disease which affect the mind

Question 12

do physical diseases count as a disease of the mind

Answer 12

yes, as long as they affect the mind

Question 13

what case establishes a disease of the mind is any disease which effects the mind

Answer 13

r v kemp

Question 14

give examples of diseases which affect defendants transiently

Answer 14

epilepsy
sleepwalking

Question 15

do external factors such as being concussed fall under insanity

Answer 15

no

Question 16

does voluntary intoxication fall under insanity

Answer 16

no

Question 17

what case shows that external factors do not fall under insanity

Answer 17

r v quick

Question 18

what case shows voluntary intoxication does not fall under insanity

Answer 18

r v coley

Question 19

what are the two ways not knowing the nature and quality of the act can be established

Answer 19

d is unconscious or in a state of impaired consciousness
d is conscious but the medical condition means d doesn’t know what they’re doing

Question 20

what case shows that you can be conscious when committing an act as long as you are unaware of what they are doing

Answer 20

r v oye

Question 21

what case shows if the defendant knows that what they are doing is illegal or wrong, they cant plead insanity

Answer 21

r v windle

Question 22

what case shows that if the defendant knows that they’re doing is illegal, even if they think its moral, they cant plead insanity

Answer 22

r v johnson

Question 23

what is the verdict the jury must return if the defence of insanity is successful

Answer 23

not guilty by reason of insanity

Question 24

what act extended the options for sentencing on the insanity plea

Answer 24

the criminal procedure (insanity and unfitness to plead) act 1991

Question 25

what are the options of sentencing for the insanity plea

Answer 25

a hospital order
a supervision order
an absolute discharge

Question 26

what sentence would a defendant who has committed murder but has successfully used the insanity defence be given

Answer 26

a hospital order