Paper 1.13 - Insanity and Automatism Flashcards
What crimes can you plead insanity to?
Any crime.
Is insanity a full or partial defence?
Full.
What verdict does a successful plea of insanity award you?
Not guilty by reason of insanity
Who is the burden of proof on for the defence of insanity?
Defence, in the balance of probabilities. (goes against standard)
Who is the defence of insanity intended for?
Those who lack the mental capacity to form the MR of a crime, making it unfair to brand them a criminal.
The 1991 Criminal Procedure Act increased a judge’s abilities to sentence those who successfully plead insanity. State these changes.
Murder: same, indefinite detention in mental hospital.
All other crimes: hospital/treatment order, supervision or a discharge.
The defence of insanity is defined by the M’Naghten Rules. What are these four rules?
D is sane until proven insane.
They must be under a defect of reason.
This defect must be caused by a disease of the mind.
This defect causes d not to understand the nature of their actions or that it was wrong.
What are the case facts in M’Naghten (1843)?
D, a sufferer of extreme paranoia, believed he was going to be killed by the government. He attempted to kill Sir Robert Peel, but instead killed his secretary. He was found not guilty due to his condition, however was released back into the world, which was unjust. HL were forced to consider insanity in more depth.
Under the M’Naghten Rules, what must a defect of reason constitute? What is the case example of this?
A complete loss of the power of reasoning rather than confusion or absentmindedness.
Clarke
D took items from a shop without paying; when questioned she had no recollection of putting the items in her bag. She claimed this was because of her depression. The judge interpreted this as a pleas of insanity. CA quashed appeal citing the above rule.
Under the M’Naghten Rules, d must have a disease of the mind. Does D have to have the condition permanently to have the defence of insanity?
No, the condition can be transitory. This was the case in Kemp, where D suffered from arterial sclerosis, which reduces blood flow to the brain.
Under the M’Naghten Rules, d must have a disease of the mind. What is the ruling on diseases of the body that affect the mind eg asphyxiation that causes the brain to be starved of oxygen?
Conditions that lead to an effect on the brain are classified as diseases of the mind. This was the case in Kemp, where D suffered from arterial sclerosis, which reduces blood flow to the brain.
In Hennessey and Quick, ds were diabetics who took no insulin and took too much insulin respectively before committing crimes. Which one was insanity and which one was an automatism?
Hennessey: insanity; there was no other factor than his condition,
Quick: automatism; the insulin was a contributing factor to the crime, making it an automatism.
In Burgess, D attacked his girlfriend while sleepwalking. What was the outcome of this case?
D was not guilty by reason of insanity.
(The cases of Bilton and Pooley go against this, arguing it should be an automatism).
According to M’Naghten, d must not know the nature of his act or know that it is wrong. Why did this cause the d in Windle to fail in his plea for insanity?
D poisoned his suicidal wife by slipping painkillers in her food. When he gave himself up to police, he said ‘I suppose they will hang me for this’. This showed he knew that his actions were wrong.
What are the two types of automatism?
Insane and non-insane.
