Mental Capacity Defences Flashcards
What are three defences
Insanity, automatism and intoxication
What is verdict when you pled insanity
There is a special verdict - not guilty by reasons of insanity
Who has the burden of proof when proving insanity
Defendant, however defence has to prove that he was insane at the time of the crime
Whats the 3 elements of the m’nagthen rule.
A. Defect of reaosn(Clarke)
B. Disease of the mid
C. As a resulted D does not know nature and quality ilty of act that what they are doing is wrong
What are the elements of defect of reason
D’s powers of reasoning must be impaired
Clarke 1972
Not just absent kindness or confusion
What are the facts of Clarke 1972
Mrs Clarke (58) absent-mindly placed a jar of mincemeat, a jar of coffee and some butter into her bag whilst shopping in a supermarket. Had no recollection of of placing the items in her bag. Medical evidence was given at her trial which stated that she was suffering from depression and was diabetic. The trial judge ruled that this raised the defence of insanity. At this Mrs Clarke changed her plea to guilt and then appealed against the judge’s finding of insanity.
What was held of Clarke 1972
Short periods of absent mindedness fell far short of amounting to a defect of reasons
What can disease of the mind be
A mental or physical disease which affects the mind
What was the facts of R v Kemp 1956- arteriosclerosis
Devoted husband of previous good character made an entirely motiveless and irrational violent attack on his wife with a hammer. He was charged with causing GBH. He suffered from hardening of the arteries which lead to a congestion of blood in the brained. Caused temp lack of consciousness, not conscious that he picked up the hammer. He sought to raise the defence of automatism
What was held in R v Kemp 1956
The hardening of the arteries was a “ disease of the mind” within the m’nagthen rules and therefore he could not rely on the defence of automatism
