Mental Capacity Defences (Need to do reforms) Flashcards

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1
Q

What are the mental capacity defences?

A

Insanity, Automatism, Intoxication

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2
Q

What happens if you prove you suffer insanity?

A

There is a special verdict.

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3
Q

What is the special verdict?

A

‘Not guilty by reason of insanity’, but must be proved within the legal rules of insanity.

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4
Q

What type of offences does the special verdict not apply to?

A

Strict liability offences because no MR is required for these.

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5
Q

What rules apply to insanity?

A

The M’Naghten Rules.

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6
Q

What are the M’Naghten Rules?

A

To be insanity there must be:

  1. A defect of reason
  2. Which must be the result of a disease of the mind
  3. Causing D to not to know the quality/nature of act or not know they were doing wrong.
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7
Q

What type of defence is insanity?

A

A full defence

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8
Q

Who is the burden of proof on when insanity is used as a defence?

A

Burden of proof is on the defence.

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9
Q

Insanity - powers of reasoning compared to absent minded or confused?

A

If D’s powers of reasoning is impaired then is a defect of reason + insanity. If absent-minded/confused then it’s not. (R v Clarke)

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10
Q

What must a defect of reason be caused by?

A

Disease of the mind - a legal, not medical term. Meaning any disease that affects the mind. (R v Kemp)

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11
Q

Insanity - epilepsy

A

In R v Sullivan the final ruling was that the disease can be any part of body that has an effect on mind. Therefore a defence.

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12
Q

Insanity- Diabetes

A

R v Hennessy- diabetes (high blood sugar levels) also classed as insanity as have an effect on mind.

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13
Q

Insanity - sleepwalking

A

R v Burgess ruled that in some circumstances it can be a defence of insanity.

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14
Q

Insanity - External cause

A

R v Quick showed that external cause (like blow to head) cannot be used as a defence of insanity.

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15
Q

What options are left for judge to impose on the defendant who successfully pleads guilty?

A
  • Send D to mental hospital
  • Impose a hospital order
  • Issue a supervision order
  • Issue an absolute discharge
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16
Q

What charge for insanity would you get if commit murder?

A

If murder then an indefinite hospital order must be imposed.

17
Q

Evaluation of insanity - M’Naghten Rules

A

Date from 1843, time when no knowledge of mental disorders was limited.

18
Q

Evaluation of insanity - Legal Definitions

A
  1. Certain mental disorders not covered (such as irresistible impulses)
  2. People suffering from certain physical illnesses can be considered legally insane, such as sleep walkers.
19
Q

Evaluation on Insanity - Overlap with automatism

A

Insane automatism is caused by a “disease of the mind”. However if you plead this then you are allowed aa full acquittal whereas insanity causes judge to impose an order.

20
Q

Evaluation of Insanity - Social Stigma

A

It is bad enough to describe people with mental disorders with this, but also it may apply to people suffering with diabetes and epilepsy. Law Commission tried to remove this.

21
Q

Evaluation of insanity

A

Problem with placing the burden of proof on D. Could breach article 6 of the European Convention on Human Rights as it should be left to medical experts instead.

22
Q

What are the three different automatisms?

A

Insane
Non-Insane
Self-Induced

23
Q

What is Insane automatism?

A
  • A disease of the mind within M’Naghten Rules

- Verdict of not guilty by reason of insanity (e.g. sleepwalking)

24
Q

What is self-induced automatism?

A

When D knows their conduct is likely to bring around automatism.

25
Q

What is Non-insane automatism?

A

Defence when the AR of crime by D is not voluntary. D must also not have the required MR.
Cause of automatism must be external (blow to head, sneezing etc).

26
Q

Self-induced automatism - basic intent offences

A

If specific intent then self-induced automatism can be a defence, because D lacks the required MR.

27
Q

Self-induced automatism - basic intent

A

More complicated. Main rule is that D cannot use the defence of automatism if they were reckless.

28
Q

What does the charge of guilty or not depend on in intoxication?

A

Whether:

  • The intoxication was voluntary or involuntary
  • Whether the offence was specific intent or basic