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Criminal law > Mental defences > Flashcards

Mental defences Flashcards

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1
Q

what are the 3 parts to insanity

A
  1. defect of reasons
  2. disease of the mind
  3. nature and quality
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2
Q

explain defect of reason

A
  • D must be impaired of their powers or reasoning
  • forgetfulness or absentmindedness does not work
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3
Q

Clarke (1972)
shopping, forget, pay

A
  • forgot to pay for shopping
  • no defense as forgetfulness is not DoR
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4
Q

explain disease of the mind

A

the defect must be due to a disease of the mind. this can be mental or physical but must affect memory, reasoning and understanding
two part test:
1. continuing danger theory
2. external cause theory

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5
Q

explain continuing danger theory

A

if the condition continues and could result in danger then it’s a DoM

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6
Q

explain external cause theory

A

if the cause is internal then it’s a DoM

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7
Q

Burgess (1991)
sleepwalk, friend, hit

A
  • invited his friend round and fell asleep.
  • hit friend over the head
  • defense given
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8
Q

explain nature and quality

A
  • D must not know the nature and quality of their actions die to the condition
  • if they do know the N+Q then they must prove threy didn’t know it was legally wrong
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9
Q

Windle (1952)
wife, loo, asprin

A
  • D’s wife had severe mental health issues and wanted to die
  • gave her 100 asprin and said “i suppose they will hang me for this”
  • know it was legally wrong so no defnse
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10
Q

Define non insane automatism

A
  • an act which is done by the muscles without any control by the mind such as a spasm, relfex action, or a convulsion
  • or an act done by a person who is not conscoius of what he is doing
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11
Q

what are the 3 parts to non - insane automatism ?

A
  1. invol act due to an external cause
  2. external cause
  3. incapable of forming MR
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12
Q

explain invol act due to external cause

A

the act must be be involuntary where there is a complete destruction of voluntary control

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13
Q

Broome v Perkins (1987)
hypo, car, seizure

A
  • D goes into a hypoglyceamic seizure and is swerving around and caused a crash
  • no defense as he had controll over the wheel
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14
Q

explain external cause

A
  • it may be due to an external cause
  • eg: a blow to the head, traumatic event, swarm of bee’s
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15
Q

Quick (1973)
nurse, sit, hypo

A
  • D suffered from diabetes
  • had a hypo seziure
  • sat ontop of a patient and attacked him
  • got defence as the insulin was an external factor
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16
Q

explain incapable of forming MR

A
  • D must be incapable of forming means rea due to the automatic state
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17
Q

Bilton (2005)
sleepwalk, woman, rape

A
  • suffered from sexomnia
  • whilst sleepwalking he raped the victim multiple times
  • got the defence as he couldn’t intend it
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18
Q

what type of policy is intoxication

A

public policy

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19
Q

what are the two types of intoxication

A
  1. voluntary intoxication
  2. involuntary intoxication
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20
Q

what are the two areas to voluntary intoxication

A
  1. specific intent crimes
  2. basic iintent crimes
21
Q

what are specifc intent crimes ?

A
  • crimes that are intention only
  • Eg: theft, attempts, robbery, burglary, murder(S18)
22
Q

what defence is available for specific intent

A
  • partial defence - if you can prove there was no mens rea
  • theft there is no drop down so results in a full acquital
23
Q

Litman
LSD, Kill, snake

A
  • chose to take LSD and committed murder of his GF
  • the trip made him think she was a snake
  • got the defence as he had no intent to kill
24
Q

what are basic intent crimes

A
  • crimes that contain recklessness
  • Eg: assault, battery, manslaughter
25
Q

what defence is availiable for basic intent

A
  • never a defence given
  • as you are reckless by EG: drinking/ taking drugs
26
Q

Majewski
bindge, ABH, drink

A
  • chose to drink + drugs on a 48 hour binge
  • committed various ABH’s
  • no defence given as he chose to drink (recklessness)
27
Q

what has to be proven for involuntary intoxication

A

D has to show they had no MR for the crime

28
Q

what defence is available for involuntary intoxication

A

full acquittal

29
Q

what are laced drinks

A

where spiking has taken pace

30
Q

what is the rule for laced drinks

A
  • soft drink - defence always works
  • alcoholic - look at the nature of the case. harder to prove
31
Q
A
32
Q

kingston
pedophile, coffe

A
  • D had coffe spiked
  • filmed abusing a child
  • defence failed as he still intended the crime
33
Q

what are prescribed drugs

A

drugs prescribed by doctors for medical reasons

34
Q

p

what is the rule for prescribed drugs

A

needs to be an unpredictable side effect to get the defence

35
Q

Bailey
diabetes, attack

A
  • suffered from diabetes
  • takes insulin and went into a diabetic seizure - attacks someone (GBH)
  • didn’t get the defence as wasn’t an unpredictable new he had to eat
36
Q

what are soporific drugs

A
  • calming drugs/ sleeping drugs
  • Eg: valium
37
Q

what is the rule for soporific drugs

A

defence available if the drugs have the opposite effect

38
Q

Hardie
cuboard, fire

A
  • takes valium and sets fire to the wardrobes in anger
  • no defence given
  • appeal judge said it was an invol reaction so got defence
39
Q

intoxicated mistakes

A

if D makes a mistake whilst intoxicated there will be no defence given

40
Q

Jaggard v Dickinson
drunk, window

A
  • lost key on night out
  • smashed window thinkking it was her friends and she would replace
  • taxi driver dropped her at the wrong house
  • got the defence as she could prove her friend would have consented to the damage (S5 CDA 1971)
41
Q

Dutch courage

A

if D deliberatley drinks to provide courage to commit an offence they will be unable to raise the defence of intoxication

42
Q

Gallagher
whisky, wife

A
  • D drank a bottle of whisky to give him the courae to kill his wife
  • no defence given
43
Q

what happends if D is drunk and has a RMC/ AMF

A

told to ingore the drink and focus and only look at the condition

44
Q

what happens if D has a Alcohol Dependency

A

have to look at how many drinks were voluntary and if there is any brain damage

45
Q

AO3 evaluation
public policy

A
  • law is public policy based - bad for D as defence is hard to achieve - good for society
  • basic intent always fails the defence
  • involuntary results in a full acquittal as its not your choice +
46
Q

AO3 evaluation
development of law

A
  • as the judges are making the laws, it keeps the laws modern and up to date
  • goes againt parlimentary soverignty
47
Q

AO3 evaluation
justice

A
  • no drop down for theft so full acquittal - bad for society - message?
  • intoxicated mistakes - unfair as when intox you are more likely to make errors
  • invol intox - good for D as they get justice for them
48
Q

AO3 evaluation
Vol/ Invol

A
  • vol - partial defence is it too leniant - lipman
  • invol - harsh laced drinks if only had 1 alcoholic drink hard to get defence
  • invol - good as defence if no mr

Criminal law (6 decks)

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