Progress Test 5 Flashcards
What does “protected from criminal responsibility” mean?
Protected from criminal responsibility means not guilty of an offence but civil liability may still arise.
What type of defence does a child under 10 years have?
A child under 10 years has an absolute defence.
What is the standard of proof required to prove the defence of insanity to the satisfaction of the jury?
On the balance of probabilities.
Is the term “disease of the mind” a question of fact for the jury to decide or a question of law for the judge to decide?
A question of law.
What are the two types of automatism?
The two types of automatism are sane and insane.
How is automatism best described?
A state of total blackout, during which a person is not conscious of their actions and not in control of them.
What is the likely result of a trial where the defendant is found to have been in a state of automatism from intoxication?
Complete acquittal.
