Mental Capacity Defences (Insanity, Automatism, Intoxication) Flashcards
What is meant by intoxication?
Where the D has consumed alcohol, drugs or other substances they may be able to raise this defence
What does it mean when we ask if mens rea was negated?
Was the D capable of forming the mens rea for the crime they committed even with the intoxication
What case showed the D had still formed the mens rea?
R v Kingston
What is meant by voluntary intoxication and what type of crimes can this be a defence to?
D drinks or takes a substance by their own accord, only a defence to specific intent crimes (e.g. murder, s18)
What is meant by involuntary intoxication and what does this apply to?
Includes taking a prescription, sedative drugs or not knowing you’re intoxicated (i.e. spiked), defence to both specific and basic intent crimes
True or false, if you are voluntarily intoxicated and commit a basic intent offence you will be acquitted
False, DPP v Majewski, not a defence as taking alcohol is seen as a reckless course of conduct
What is the fall back rule?
If intoxication succeeds for a specific intent crime, D not acquitted but found guilty of next most serious basic intent offence (e.g. s18 becomes s20)
What case shows the fall back rule in action?
R v Lipman
What is meant by Dutch courage?
Getting drunk to carry out a crime isn’t a defence, even if MR is eventually negated
What case showed Dutch courage made the defence fail?
AG for N.I. v Gallagher
What case said that drunken intent is still intent?
R v Sheenan
What is automatism?
A defence where the D must show their act was an involuntary one caused by an external factor
What case defined automatism?
Bratty v AG of Northern Ireland, an act which was done by the defendants muscles without any control by his mind
What case shows the D did not have a complete loss of control?
AG reference (No2 of 1992)
What is meant by an external factor? Give a case as an example
Something from outside the body, e.g. Hill v Baxter, swarm of bees
What is meant by self-induced automatism and what examples can be given?
Where D knows his conduct is likely to bring an automatic state, defence will fail, drink/drugs (Lipman) taking sedatives, unless effect is unexpected (Hardie)
What did the case of Bailey confirm?
Self-induced automatism can be a defence to specific intent crimes, however this can be classed as reckless with a basic intent offence
Where does insanity come from?
- M’Naughten, legal definition not medical, every man is presumed sane until the contrary
- Defect of reason from a disease of the mind causing the D to not know the nature and quality of his act, or to know it but not that it was wrong
- Burden on D, on balance of probabilities
What is a disease of the mind?
- Cause must be internal (Quick)
- Can be functional or organic
- Can include blood supply to the brain (Kemp), epilepsy (Sullivan) and diabetes (Hennessey)
What is meant by defect of reason?
- Powers of reasoning are impaired
- Absent mindedness or confusion is not enough (Clarke)
- If caused by intoxication the defence will fail
How can we prove the D did not know the nature and quality of their act?
- If D is in a state of consciousness or unconsciousness but not understanding the act, or does not know that it is legally wrong (Burgess)
- If they know the act is legally wrong despite having an illness the defence will fail (Windle)
