mental capacity defences Flashcards
what type of defence is insanity
a full defence
where were rules on insanity set out
m’naghten
what offences can insanity be used for
all but a strict liability offence
where was it established insanity cant be used for strict liability
dpp v h
what must be established for insanity
a defect of reason
caused by disease of the mind
defendant doesn’t know nature of quality of act
what is the standard of proof for insanity
established on a balance of probabilities
what was the hol’s ruling on how inanity is established
the defendant must be presumed sane unless they can prove on the balance of probabilities an insanity defence
what is a defect of reason
powers of reasoning must be impaired
does failing to act on reason fall under defect of reason
no
what case established that failing to act on reason does to establish a defect of reason
r v clarke
what case shows the distinction between absentmindedness and defect of reason caused by disease
r v hennessy
what is a disease of the mind
any physical or mental disease which affect the mind
do physical diseases count as a disease of the mind
yes, as long as they affect the mind
what case establishes a disease of the mind is any disease which effects the mind
r v kemp
give examples of diseases which affect defendants transiently
epilepsy
sleepwalking
do external factors such as being concussed fall under insanity
no
does voluntary intoxication fall under insanity
no
what case shows that external factors do not fall under insanity
r v quick
what case shows voluntary intoxication does not fall under insanity
r v coley
what are the two ways not knowing the nature and quality of the act can be established
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
what case shows that you can be conscious when committing an act as long as you are unaware of what they are doing
r v oye
what case shows if the defendant knows that what they are doing is illegal or wrong, they cant plead insanity
r v windle
what case shows that if the defendant knows that they’re doing is illegal, even if they think its moral, they cant plead insanity
r v johnson
what is the verdict the jury must return if the defence of insanity is successful
not guilty by reason of insanity
what act extended the options for sentencing on the insanity plea
the criminal procedure (insanity and unfitness to plead) act 1991
what are the options of sentencing for the insanity plea
a hospital order
a supervision order
an absolute discharge
what sentence would a defendant who has committed murder but has successfully used the insanity defence be given
a hospital order
