Mental Capacity Defences (Need to do reforms) Flashcards
What are the mental capacity defences?
Insanity, Automatism, Intoxication
What happens if you prove you suffer insanity?
There is a special verdict.
What is the special verdict?
‘Not guilty by reason of insanity’, but must be proved within the legal rules of insanity.
What type of offences does the special verdict not apply to?
Strict liability offences because no MR is required for these.
What rules apply to insanity?
The M’Naghten Rules.
What are the M’Naghten Rules?
To be insanity there must be:
- A defect of reason
- Which must be the result of a disease of the mind
- Causing D to not to know the quality/nature of act or not know they were doing wrong.
What type of defence is insanity?
A full defence
Who is the burden of proof on when insanity is used as a defence?
Burden of proof is on the defence.
Insanity - powers of reasoning compared to absent minded or confused?
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)
What must a defect of reason be caused by?
Disease of the mind - a legal, not medical term. Meaning any disease that affects the mind. (R v Kemp)
Insanity - epilepsy
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.
Insanity- Diabetes
R v Hennessy- diabetes (high blood sugar levels) also classed as insanity as have an effect on mind.
Insanity - sleepwalking
R v Burgess ruled that in some circumstances it can be a defence of insanity.
Insanity - External cause
R v Quick showed that external cause (like blow to head) cannot be used as a defence of insanity.
What options are left for judge to impose on the defendant who successfully pleads guilty?
- Send D to mental hospital
- Impose a hospital order
- Issue a supervision order
- Issue an absolute discharge
What charge for insanity would you get if commit murder?
If murder then an indefinite hospital order must be imposed.
Evaluation of insanity - M’Naghten Rules
Date from 1843, time when no knowledge of mental disorders was limited.
Evaluation of insanity - Legal Definitions
- Certain mental disorders not covered (such as irresistible impulses)
- People suffering from certain physical illnesses can be considered legally insane, such as sleep walkers.
Evaluation on Insanity - Overlap with automatism
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.
Evaluation of Insanity - Social Stigma
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.
Evaluation of insanity
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.
What are the three different automatisms?
Insane
Non-Insane
Self-Induced
What is Insane automatism?
- A disease of the mind within M’Naghten Rules
- Verdict of not guilty by reason of insanity (e.g. sleepwalking)
What is self-induced automatism?
When D knows their conduct is likely to bring around automatism.
What is Non-insane automatism?
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).
Self-induced automatism - basic intent offences
If specific intent then self-induced automatism can be a defence, because D lacks the required MR.
Self-induced automatism - basic intent
More complicated. Main rule is that D cannot use the defence of automatism if they were reckless.
What does the charge of guilty or not depend on in intoxication?
Whether:
- The intoxication was voluntary or involuntary
- Whether the offence was specific intent or basic
