State of Mind Flashcards
Explain Section 23 (2) Insanity:
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under disease of the mind to such an extent 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,
Who raises the matter of insanity?
Defence. The Prosecution is prohibited from adducing evidence of insanity even if the accused has sought acquittal because of some state of mind not amounting to insanity.
Who has to prove insanity and what is the standard of proof?
Up to defence to prove.
Balance of probabilities.
In what cases can a person plead insanity and who generally provides evidence to this?
Any charge punishable by imprisonment.
Generally addressed by evidence from medical experts called by defence and crown.
What is the M’Naghten’s Rules?
Frequently used to establish whether or not a defendant is insane. Based on a person’s ability to think rationally.
- The nature and quality of their actions or
- That what they were doing was wrong
Explain ‘disease of the mind’
A term which defies precise definition and which can comprehend mental derangement in the widest sense.
Who decides on whether a particular condition is a disease of the mind?
Question of law for the Judge.
Disease of the mind is not a medical question but a legal one.
Under Section 23(2)(a) when is a defence established for insanity?
When the mental disease rendered the defendant “incapable of understanding the nature and quality of the act or omission”.
Explain ‘Automatism’
A state of total blackout, during which a person is not conscious of their actions and not in control of them.
Are you culpable during a state of automatism?
Actions performed during a state of automatism are involuntary and the common law rule is that there is no criminal liability for such conduct.
What conditions cause automatism?
Brain tumor, epilepsy or consumption or drugs or alcohol
Explain the process when automatism is brought on by voluntary intake of drugs or alcohol
The Court may be reluctant to accept that the offender lacked intention.
Convincing evidence is necessary to support it and would only be accepted in rare circumstances
What are the 2 types of automatism?
Sane automatism - the result of sleepwalking, a blow to the head or the effects of drugs
Insane automatism - the result of a mental disease
What are the 3 instances where intoxication can be a defence to the commission of an offence?
- Where the intoxication causes a disease of the mind so as to bring to Section 23 (insanity)
- If intent is required as an essential element and the intoxication level can plead a lack of intent
- Where the intoxication causes automatism
What is needed to establish reasonable doubt about the defendants required state of mind (regarding intoxication):
It does not have to be shown that the defendant was incapable of forming the intent, just that because of their drunken state, that they did not have the proper state of mind to be guilty.
