Revision Book Flashcards
What is a defect of reason?
It arises when D is incapable of exercising ordinary powers of reasoning (R v Clarke - failed as she suffered depression which is not a defect of reasoning).
What should you look out for in an exam question which demonstrates someone has an ability to reason?
Rational thinking and controlled behaviour. No defect of reason.
What should you look out for in an exam question suggestion so done does have a defect of reason?
Irrationality and strange or abnormal thoughts/behaviour.
What is a disease of the mind for purposes of insanity?
Sullivan said the nature of the disease, whether physical or mental was irrelevant, as long as it affects the mental faculties of reason, memory and understanding at the time. Guy caused GBH during epileptic fit.
Name the diabetes cases that deal with internal (insanity) and external (automatism) causes and when the defence will not apply?
Internal - Hennessey, loss of control arises from the disease.
External - Quick, inability to reason arises from adverse reaction to medication.
Will not apply if D is reckless in managing medication (Bailey).
What is meant by the nature and quality of the act?
Nature - Where D lacks awareness of the physical act i.e. Putting baby on fire believing it was a log.
Quality - D cuts off Vs head to see his face when he looks for it in the morning. Not aware of the consequences of decapitation.
If the D knows the nature and quality of the act can he still rely on insanity?
If he does not know his actions are wrong.
What is the definition of automatism?
An act which is done by the muscles without any control of the mind and the D is not conscious of what he is doing (Bratty).
What are the requirements for automatism?
Complete loss of control
An external cause
Automatism must not be self induced
What is a complete loss of control?
Broome - erratic driving whilst in hypoglycaemic shock, he was still able to control steering and braking.
What is an external cause?
A blow to the head or medication give rise to automatism.
How can automatism be self induced?
Failing to eat after taking insulin in Bailey knowing it could lead to uncontrolled behaviour.
What is the definition of insanity?
M’Naughten says at the time of committing the act the D did not know the nature and quality of the act or that what he was doing was wrong.
