Short Answers

Question 1

What is the penalty for attempted murder?

Answer 1

173 Attempt to murder

Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.

Question 2

Outline s181 of the Crimes Act 1961 (concealing a dead body of a child)

Answer 2

181 Concealing dead body of child
Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.

Question 3

In which court does a youth facing a charge of murder or manslaughter appear?

Answer 3

where a Young persons over 14 years of age is alleged to have committed Murder or Manslaughter they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed in the District Court, the first appearance takes place before the Youth Court and the case will automatically be transferred to the High Court for trial and sentencing.

Question 4

A Question of Law relating to whether the condition is a disease of the mind is answered by whom?

Answer 4

The judge

In practice, medical witnesses are permitted to say whether they regard a disorder as a “disease of the mind”, as well as testifying as to the causes and symptoms of the condition diagnosed, but such a classification by medical witnesses is not final, and whether the particular condition is a disease of the mind is a question of law for the Judge.
Disease of the mind is not a medical question but a legal one.

Question 5

What that accused’s state of mind was at the time of the offence is a question decided by whom?

Answer 5

The jury

Question 6

What is the burden of proof for insanity?

Answer 6

the defendant is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.

Question 7

S153 of the Crimes Act ‘61, what is the relevant age of the person who is employed?

Answer 7

Under the age of 16 years

Question 8

Where a charge of infanticide is laid, who decides on the Mothers state of mind?

Answer 8

If a woman is charged with murder or manslaughter, but the jury believes her state of mind is due to the effects of childbirth, the jury is required to return a special verdict of acquittal on account of insanity caused by childbirth. However, the prosecution may file charging documents for both infanticide and murder of an infant, and it is up to the jury to decide on the mother’s state of mind.
In charges of infanticide, it is for the jury to decide on the mother’s state of mind.

Question 9

Pursuant to s22(3)(a) of the Criminal Disclosure Act ‘08, the notice under subsection (1) must include:

Answer 9

(3) Without limiting subsection (1),—
(a) the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;

Question 10

Before a conviction can be obtained for manslaughter, where one of the sections referred to is s150A(1) of the Crimes Act ‘61, what must the prosecution prove?

Answer 10

the prosecution must prove a “very high degree” of negligence or “gross negligence”.

Question 11

Proximity is a question of law decided by whom?

Answer 11

Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 12

Written notice of an alibi is to be given by the defendant:

Answer 12

must be given within 10 working days after the defendant is given notice under section 20

Question 13

As a general guideline, most offences within the CA ‘61, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available:

Answer 13

The defence of intoxication will be available to the defence to establish that the defendant did not have the requisite intent (mens rea) to carry out the offence.

Question 14

Provide an overview of the culpability of persons involved in suicide pacts

Answer 14

Because the law does not recognise a person’s right to consent to death, people who help another to commit suicide or who are part of a suicide pact but survive are responsible for the other person’s death. In such cases the surviving person is charged with manslaughter.

Question 15

Outline s25 of the CA ‘61, ignorance of the law

Answer 15

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 16

Outline “M’Naghtens’s rules”

Answer 16

The M’Naghten’s rules are frequently used to establish whether or not a defendant is insane. It is based on the person’s ability to think rationally, so that if a person is insane they were acting under such a defect of reason from a disease of the mind that they did not know:
• the nature and quality of their actions, or
• that what they were doing was wrong.

Question 17

List four statutory legal duties in respect of the CA’61

Answer 17

• provide the necessaries and protect from injury (s151)
• provide necessaries and protect from injury to your charges when you are a parent or guardian (s152)
• provide necessaries as an employer (s153)
• use reasonable knowledge and skill when performing dangerous acts, such as surgery (s155)
• take precautions when in charge of dangerous things, such as machinery (s156)
• avoid omissions that will endanger life (s157).

Question 18

List the difference between counselling or attempting to procure murder (s174) and conspiracy to murder (s175)

Answer 18

174 Counselling or attempting to procure murder
requires the defendant to incites, counsels, or attempts to procure any person to murder any other person in New Zealand, when that murder is not in fact committed.

175 Conspiracy to murder
Requires the defendant to conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
Section 175 may apply regardless of whether murder is committed or not.

Both punishable 10 years imprisonment

Question 19

Section 159(1) & (2) of the CA’61 defines when a child becomes a human being and is therefore able to be murdered under s158. Detail the provisions of s159(1) & (2)

Answer 19

159 Killing of a child

(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

Question 20

Define homicide, s158 CA’61

Answer 20

158 Homicide defined

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

Question 21

State the ingredients of infanticide (s178 CA’61)

Answer 21

178 Infanticide
(1) Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

Question 22

In general, no one is criminally responsible for the killing of another by any influence of the mind. What are the exceptions to this rule?

Answer 22

wilfully frightening a child under the age of 16 years or a sick person

Question 23

What is meant by the term ‘justified? Provide two examples.

Answer 23

When an act result in death. Section 2 provides that when an act is justified the perpetrator is exempt from both criminal and civil liability.
Examples of such acts include:
• homicide committed in self-defence (s48)
• homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one (s41).

Question 24

What are the ingredients to accessory after the fact to murder?

Answer 24

176 Accessory after the fact to murder
Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.
Knowing any person to have been a party to the offence(Murder),
Receives, comforts, or assists that person
OR
Tampers with or actively suppresses any evidence
In order to enable him to escape after arrest
OR
To avoid arrest or conviction

Question 25

Define the term 'suicide pact' s180 CA61

Answer 25

180 Suicide pact (1) Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly. (2) Where 2 or more persons enter into a suicide pact, and in pursuance of it one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he shall not be convicted of an offence against section 179 of this Act. (3) For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

Question 26

How do NZ Courts deal with a defence of Automatism arising out of taking alcohol and / or drugs?

Answer 26

In New Zealand, the courts are likely to steer a middle course, allowing a defence of automatism arising out of taking alcohol and drugs, to offences of basic intent only. They are likely to disallow the defence where the state of mind is obviously self-induced, the person is blameworthy, and the consequences could have been expected.

Question 27

List the ingredients of s48 of the CA61 (self defence or defence of another)

Answer 27

48 Self-defence and defence of another Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

Question 28

Provide 3 guidelines in respect of consent regarding assault

Answer 28

Guidelines 1. Everyone has a right to consent to a surgical operation. 2. Everyone has a right to consent to the infliction of force not involving bodily harm. 3. No one has a right to consent to their death or injury likely to cause death. 4. No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons. 5. It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.

Question 29

In common law, allegation of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.

Answer 29

* committing arson * giving a child an excessive amount of alcohol to drink * placing hot cinders and straw on a drunk person to frighten them * supplying heroin to a person who subsequently dies from an overdose * throwing a large piece of concrete from a motorway overbridge into the path of an approaching car * conducting an illegal abortion where the mother dies.

Question 30

In relation to s160(2)(d) of the CA61, give 2 practical examples of culpable homicide which has been caused by the victims actions, prompted by threats or fear of violence

Answer 30

* jumps or falls out of a window and dies because they think they are going to be assaulted * jumps into a river to escape an attack and drowns * who has been assaulted and believes their life is in danger, jumps from a train and is killed.

Question 31

To establish proof of death, in relation to homicide, you must prove 3 key elements, what are they?

Answer 31

* death occurred * deceased is identified as the person who has been killed * the killing is culpable

Question 32

What is the definition of the period 'a year and a day' as outlined in s162(2) CA61?

Answer 32

The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.

Question 33

S168(1)(a) CA61 refers to the term 'grievous bodily injury', what does this mean and give an example of such an injury

Answer 33

“grievous bodily injury” means harm that is very serious, such as injury to a vital organ.

Question 34

In the test for proximity, Simester and Brookbanks (Principles of Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those 2 questions?

Answer 34

* Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or * Has the offender actually commenced execution; that is to say, has he taken a step in the actual offence itself?

Question 35

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm.

Answer 35

Voluntary Manslaughter - Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.

Question 36

What is involuntary manslaughter?

Answer 36

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm.

Question 37

Define Alibi

Answer 37

as the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere

Question 38

What must the Defendant include in a notice of alibi?

Answer 38

must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;

Question 39

Define "Attempts" under s72(1)CA61

Answer 39

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 40

Outline culpable homicide s160(1)&(2) CA61

Answer 40

160 Culpable homicide (1) Homicide may be either culpable or not culpable. (2) Homicide is culpable when it consists in the killing of any person— (a) By an unlawful act; or (b) By an omission without lawful excuse to perform or observe any legal duty; or (c) By both combined; or (d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or (e) By wilfully frightening a child under the age of 16 years or a sick person. (3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter. (4) Homicide that is not culpable is not an offence.

Question 41

Explain what is meant by s160(2)(b) CA61, omission to perform a legal duty

Answer 41

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.

Question 42

Define "wilfully frightening"

Answer 42

Wilfully frightening” is regarded as “intending to frighten, or at least be reckless as to this”.

Question 43

What are the legal duties of a parent/guardian under s152 CA61?

Answer 43

152 Duty of parent or guardian to provide necessaries and protect from injury (1) Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty— (a) to provide that child with necessaries; and (b) to take reasonable steps to protect that child from injury

Question 44

What are the ingredients of s154 CA61, abandoning a child under 6?

Answer 44

Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.

Question 45

Outline the culpability of children under 10 and children 10-13years

Answer 45

Child aged under 10 years has an "absolute defence" to any charge brought against them. Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty. Children aged 10-13 years It must be shown that the child knew their act was wrong or contrary to law. This test of knowledge is in addition to the mens rea and actus reus requirements. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.

Question 46

Define insanity

Answer 46

23 Insanity (1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved. (2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable— (a) Of understanding the nature and quality of the act or omission; or (b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

Question 47

Automatism caused by Alcohol and drugs

Answer 47

Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.

Question 48

What is a "strict liability" offence?

Answer 48

Any offence that does not require an intent is called a strict liability offence and the only way a defendant can escape liability for such an offence is to prove a total absence of fault.

Question 49

What 3 points must be satisfied before a defence of compulsion can be used?

Answer 49

A person is protected from criminal responsibility if they have been compelled to commit the offence by someone at the scene who had threatened them that they would otherwise be killed or caused grievous bodily harm. - The defendant must have genuinely believed the threats - must not be a party to any association or conspiracy involved in carrying out the threats. - The threats of death or grievous bodily harm must be “immediate” and from a person present at the time.

Question 50

Explain entrapment

Answer 50

Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.

Question 51

Give 2 examples where culpable homicide is murder

Answer 51

167 Murder defined Culpable homicide is murder in each of the following cases: (a) If the offender means to cause the death of the person killed: (b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not: (c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed: (d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.

Question 52

Define "Legal Duty"

Answer 52

The expression “legal duty” refers to those duties imposed by statute or common law including uncodified common law duties:

Question 53

Outline s163 CA61 killing by influence on the mind

Answer 53

163 Killing by influence on the mind No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Question 54

What is the required state of mind for s167(b) CA61?

Answer 54

To show that the defendant’s state of mind meets the provisions of s167(b), you must establish that the defendant: • intended to cause bodily injury to the deceased • knew the injury was likely to cause death • was reckless as to whether death ensued or not

Question 55

You cannot use the defence of consent to assault in the following cases:

Answer 55

− aiding suicide − criminal actions − injury likely to cause death − bodily harm likely to cause a breach of the peace − indecency offences − the placing of someone in a situation where they are at risk of death or bodily harm.

Question 56

A hearsay statement is admissible in any proceeding if...

Answer 56

(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and (b) either— (i) the maker of the statement is unavailable as a witness; or (ii) the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.

Question 57

Define 'Automatism'

Answer 57

Automatism can best be described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.

Question 58

What is "sane" and "insane" automatism?

Answer 58

Sane automatism the result of somnambulism (sleepwalking), a blow to the head or the effects of drugs Insane automatism the result of a mental disease.

Question 59

What is the Courts view of entrapment?

Answer 59

In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant.

Question 60

Outline the subjective and objective tests relating to s48 CA61

Answer 60

Once the defendant has decided that use of force was required (a subjective view of the circumstances as the defendant believed them), Section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used.

Question 61

What is the procedure when alibi witnesses are interviewed?

Answer 61

The O/C case should not interview an alibi witness unless the prosecutor requests them to do so. If an interview is requested, follow this procedure. 1 Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present 2 If the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police. 3 Make a copy of a witness’s signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be withheld under s16(1)(o).

Question 62

The General Rule has been that intoxication may be used as a defence in the commission of what type of offences?

Answer 62

* where the intoxication causes a disease of the mind so as to bring s23 (Insanity) of the Crimes Act 1961 into effect * if intent is required as an essential element of the offence and the drunkenness is such that the defence can plead a lack of intent to commit the offence * where the intoxication causes a state of automatism (complete acquittal).

Question 63

Degree of force for self defence is tested on what subjective criteria?

Answer 63

* What are the circumstances that the defendant genuinely believes exist (whether or not it is a mistaken belief)? * Do you accept that the defendant genuinely believes those facts? * Is the force used reasonable in the circumstances believed to exist?

Question 64

If the defendant intends to call an expert witness during proceedings, what must they disclose to the Prosecution?

Answer 64

* any brief of evidence to be given or any report provided by that witness, or * if that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided. * This information must be disclosed at least 10 working days before the date fixed for the defendants trial, or within any further time that the court may allow (s23(1)).

Question 65

Culpable homicide means

Answer 65

The killing is blameworthy. It includes murder manslaughter or infanticide

Question 66

R v lee.

Answer 66

He act must be objectively Dangerous

Question 67

Unlawful acts and omissions of duty example

Answer 67

A person drives a car so recklessly that he kills someone is both an unlawful act (reckless driving) and an omission to observe your duty to take precautions when in charge of a dangerous thing (car)

Question 68

s 168 further definition of murder

Answer 68

168 Further definition of Murder (1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know death is likely to ensue: (a) if he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offence mentioned in subsection 2 of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury (b) if he administered any stupefying or overpowering thing for any of the purposes aforesaid, and death ensue from the effects thereof: (c) if he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath

Question 69

Joint responsibility

Answer 69

It must be shown that the secondary party knew it was a probable consequence that the principle might do an act that would, if death ensued, bring their conduct within the terms of 168

Question 70

Punishment Murder

Answer 70

172 Punishment of Murder (1) Every one who commits murder is liable to life imprisonment (2) Subsection (1) is subject to section 102 of the sentencing Act 2002

Question 71

Section 102 presumption in favour of life imprisonment for murder

Answer 71

Section 102 (1) An offender who is convicted of murder must be sentenced to life imprisonment unless, given the circumstances and the offender, a sentence of imprisonment for life would be manifestly unjust (2) if a court does not impose a sentence of life imprisonment on an offender convicted of murder, it must give written reason for not doing so

Question 72

Killing in a sudden fight

Answer 72

When you come across a killing that is a result of a sudden fight, you need to consider whether there was: • self-defence • the requisite mens rea for a murder charge. It is crucial for you to consider these issues if you are to decide the way in which the killing should be viewed: • If the homicide can be justified as having arisen out of self-defence (s48) the proper verdict is an acquittal. • If the fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within section 167, the proper verdict is manslaughter.

Question 73

Manslaughter by unlawful act Newbury and jones four point test

Answer 73

- the defendant must intentionally do an act - the act must be unlawful - the act must be dangerous - the act must cause death

Question 74

Section 177 - punishment of manslaughter

Answer 74

Section 177 - punishment of manslaughter | (1) everyone who commits manslaughter is liable to life imprisonment

Question 75

A vulnerable adult means

Answer 75

A person unable by reason of detention, age, sickness, mental impairment or any other cause to withdraw him or herself from the care or charge of another person.

Question 76

Vulnerability may be short lived or temporary.

Answer 76

Whether an adult is vulnerable is a matter for objective determination and not that persons subjective determination.

Question 77

Sec 179 - aiding and abetting suicide

Answer 77

Sec 179 - aiding and abetting suicide Everyone is liable to imprisonment not exceeding 14 years who (a) incites, councils, procures any person to commit suicide if that person commits, attempts to commit suicide in consequence thereof or (b) aids and abets any person in the commission of suicide

Question 78

Aiding abetting suicide

Answer 78

There is a requirement to do something in one of the specified ways ( councils, incites, procures, aids and abets) in order to assist suicide

Question 79

Culpability of aiding and abetting suicide 179

Answer 79

It's an offence for person A to assist person B in committing suicide without person A having any intention to commit suicide themselves. 14 years imprisonment for aiding and abetting

Question 80

For a statement to be admissible as evidence the court must be satisfied that both the content and the person who made it are reliable. Circumstances to consider are

Answer 80

- the nature of the statement - the contents of the statement - the circumstances relating to the making of the statement - circumstances relating to the veracity of the person making statement - circumstances relating to the accuracy of the observation of the person

Question 81

Matters of justification and excuse are contained in

Answer 81

Part 3 of the crimes act 1961

Question 82

General rule as justification s20

Answer 82

Under section 20 CA 61 all common law defences are retained so long as they are not inconsistent with the CA or any other enactment

Question 83

Define - protected from criminal responsibility

Answer 83

Means the person is not guilty of an offence but civil liability may still arise

Question 84

Section 21. Defence for child under 10

Answer 84

Section 21. Defence for child under 10 (1)No person shall be convicted of an offence by reason of any act done or omitted by them if they are under 10 years of age

Question 85

Sec 22 - child between 10 - 14

Answer 85

Sec 22 - child between 10 - 14 (1)No person shall be convicted of an offence by reason of any act done or omitted by them when of the age of 10 but under the age of 14 years unless they knew the act or omission was wrong or contrary to law

Question 86

R v Green(defence to raise insanity)

Answer 86

Insanity is a matter for the defence to raise and the prosecution is prohibited from addicting evidence of insanity even if the accused has sought acquittal because of insanity

Question 87

Strong evidence of insanity

Answer 87

When there is clear evidence of insanity the judge may bring it to the attention of the jury even if the defence does not raise the issue under s20(4) CP(MIP) Act '03

Question 88

Define - Disease of the mind

Answer 88

A term which defies precise definition and which can comprehend mental derangement in the wildest sense

Question 89

A disease of the mind does not include a temporary mental disorder caused by some factor external to the defendant such as ?

Answer 89

- a blow to the head - the absorption of drugs, alcohol - an anaesthetic - hypnotism.