Mental Capacity Defences cases Flashcards
insanity, automatism and intoxication
M’Naghten Rules
insanity
1843
3 elements: defect of reason, disease of the mind and nature/quality of the act
Clarke
insanity 1) DoR, meaning deprived of the powers of reasoning, and is < absent mindedness/ confusion
Sullivan
insanity 1) DoR, can be permanent or temporary (epilepsy)
M’Naghten
insanity 2) DoM example- delusional/paranoid
Kemp
insanity 2) DoM example- hardening of the arteries
Sullivan (2)
insanity 2) DoM example- epilepsy
Hennessy
insanity 2) DoM example- diabetes
Burgess
insanity 2) DoM example- sleepwalking (sleep disorder)
Quick
insanity 2) DoM, being diabetic but not eating properly is an external cause and is therefore automatism
Oye, Windle
insanity 3) N/Q, must not know the nature and quality of their act (not understand/know what he is doing OR not know wrong in law)
Bratty v A-G for Northern Ireland
automatism def, “an act done by the muscles without any control by the mind e.g spasm, reflex action, convulsion, not conscious of action, suffering from concussion”
Hill v Baxter
automatism examples, external cause- sneezing, hypnotism, blow to the head, attack by bees, ptsd”
Bailey
self-induced automatism: where d’s conduct bring on automatic state and applies differently to basic/specific
Hardie (A)
self-induced automatism could be basic def if D did not know the risk (sub reck)
Lipman
if D is so intoxicated that x formed the mr for spec, they will be found guilty for a lesser ‘fallback’ crime. must be extreme
x mr due to intox mistake abt key fact, x basic = sufficient sr. may be -> spec
DPP v Majewski
voluntary intoxication x defence to basic int crimes
A-G for Northern Ireland v Gallagher
voluntary intoxication x defence where d has the necessary mr e.g ‘dutch courage’ initial mr
Hardie (IT)
involuntary intoxication def: “where d does not choose to take the intoxicating substance or where he has taken a prescribed drug not knowing it will make him” , for spec/basic. x mr -> extreme
Kingston
involuntary intoxication x if able mr
Insanity examples
delusional/paranoid (M’Naghten), epilepsy (Sullivan), hardening of the arteries (Kemp), diabetes w/o insulin (Hennessy), sleep walking/disorder (Burgess), diabetes w/o eating (Quick)
Automatism examples
diabetes w/o eating (Quick), spasm, reflex action, convulsion, unconscious action, concussion (Bratty v A-G for NI), sneezing, hypnotism, blow to the head, bees, ptsd (Hill v Baxter)
Voluntary Intoxication definition
“where the d chooses to take the intoxicating substance, or where the d has taken a prescribed drug knowing that it will make him intoxicated”
insanity
1843
3 elements: defect of reason, disease of the mind and nature/quality of the act
M’Naghten Rules
insanity 1) DoR, meaning deprived of the powers of reasoning, and is < absent mindedness/ confusion
Clarke
insanity 1) DoR, can be permanent or temporary (epilepsy)
Sullivan
insanity 2) DoM example- delusional/paranoid
M’Naghten
insanity 2) DoM example- hardening of the arteries
Kemp
insanity 2) DoM example- epilepsy
Sullivan (2)
insanity 2) DoM example- diabetes
Hennessy
insanity 2) DoM example- sleepwalking (sleep disorder)
Burgess
insanity 2) DoM, being diabetic but not eating properly is an external cause and is therefore automatism
Quick
insanity 3) N/Q, must not know the nature and quality of their act (not understand/know what he is doing OR not know wrong in law)
Oye, Windle
automatism def, “an act done by the muscles without any control by the mind e.g spasm, reflex action, convulsion, not conscious of action, suffering from concussion”
Bratty v A-G for Northern Ireland
automatism examples, external cause- sneezing, hypnotism, blow to the head, attack by bees, ptsd”
Hill v Baxter
self-induced automatism: where d’s conduct bring on automatic state and applies differently to basic/specific
Bailey
self-induced automatism could be basic def if D did not know the risk (sub reck)
Hardie (A)
if D is so intoxicated that x formed the mr for spec, they will be found guilty for a lesser ‘fallback’ crime. must be extreme
x mr due to intox mistake abt key fact, x basic = sufficient sr. may be -> spec
Lipman
voluntary intoxication x defence to basic int crimes
DPP v Majewski
voluntary intoxication x defence where d has the necessary mr e.g ‘dutch courage’ initial mr
A-G for Northern Ireland v Gallagher
involuntary intoxication def: “where d does not choose to take the intoxicating substance or where he has taken a prescribed drug not knowing it will make him” , for spec/basic. x mr -> extreme
Hardie (IT)
involuntary intoxication x if able mr
Kingston
delusional/paranoid (M’Naghten), epilepsy (Sullivan), hardening of the arteries (Kemp), diabetes w/o insulin (Hennessy), sleep walking/disorder (Burgess), diabetes w/o eating (Quick)
Insanity examples
diabetes w/o eating (Quick), spasm, reflex action, convulsion, unconscious action, concussion (Bratty v A-G for NI), sneezing, hypnotism, blow to the head, bees, ptsd (Hill v Baxter)
Automatism examples
“where the d chooses to take the intoxicating substance, or where the d has taken a prescribed drug knowing that it will make him intoxicated”
Voluntary Intoxication definition
