Mental Capcity Defences

Question 1

What is the definition of mental capacity in the context of legal defences?

Answer 1

The ability to make a reasoned decision, understand information, and appreciate the consequences of one’s actions.

Question 2

True or False: Mental capacity is a static concept that does not change over time.

Answer 2

False

Question 3

What are the two main types of mental capacity defences?

Answer 3

Insanity and automatism

Question 4

Fill in the blank: Insanity defence focuses on the accused’s lack of ______ at the time of the offence.

Answer 4

Mental responsibility

Question 5

What is the key requirement for a successful insanity defence?

Answer 5

The accused must prove that they did not know the nature and quality of their act or that it was wrong.

Question 6

Automatism defence is based on the lack of ____________ at the time of the offence.

Answer 6

Control over one’s actions

Question 7

What is the main difference between insanity and automatism defences?

Answer 7

Insanity involves a mental disorder, whereas automatism does not necessarily involve a mental disorder.

Question 8

True or False: In the automatism defence, the accused must prove that they had control over their actions.

Answer 8

False

Question 9

What is the term used when the accused’s mental capacity is temporarily impaired due to an external factor like drugs or alcohol?

Answer 9

Diminished responsibility

Question 10

What must be proven for a successful diminished responsibility defence?

Answer 10

The accused must show that their mental responsibility was substantially impaired at the time of the offence.

Question 11

Fill in the blank: Diminished responsibility is a partial defence that reduces a charge of ________ to ________.

Answer 11

Murder; manslaughter

Question 12

What is the term used when the accused’s actions were a result of a sudden and temporary loss of control?

Answer 12

Provocation

Question 13

True or False: Provocation is a complete defence in criminal law.

Answer 13

False

Question 14

Fill in the blank: Provocation can reduce a charge of _______ to _______.

Answer 14

Murder; manslaughter

Question 15

What is the term used when the accused believed in a mistaken set of facts that, if true, would have justified their actions?

Answer 15

Duress of circumstances

Question 16

What must be proven for a successful duress of circumstances defence?

Answer 16

The accused must show that they reasonably believed in the facts that would have justified their actions.

Question 17

True or False: Duress of circumstances can be used as a defence for all types of offences.

Answer 17

False

Question 18

Fill in the blank: Duress of circumstances is a _______ defence that can reduce the charge.

Answer 18

Partial

Question 19

What is the term used when the accused’s actions were a result of a reasonable belief in a threat of death or serious injury?

Answer 19

Self-defence

Question 20

What must be proven for a successful self-defence defence?

Answer 20

The accused must show that their actions were necessary and proportionate in response to the threat.

Question 21

Fill in the blank: Self-defence is a _______ defence that justifies the accused’s actions.

Answer 21

Complete

Question 22

What is the term used when the accused’s actions were a result of a mistake or ignorance of the law?

Answer 22

Mistake of law

Question 23

What must be proven for a successful mistake of law defence?

Answer 23

The accused must show that they genuinely believed their actions were legal.