Mindmap
Defences 2
Inhalt der Mindmap
Defences 2
Insanity
- Defect of Reason
- inability to use powers of reason - must be a complete loss of reason
- Clark (1972) - absent mindedness is not defect of reason
- inability to use powers of reason - must be a complete loss of reason
- Caused by disease of the mind
- A legal not medical term - anything in body - must be physical
- Sullivan (1983) Charlson (1955) intermittent or transient Kemp (1957) Burgess (1991)
- Diabetes - Hypoglycaemic - Quick (1957) External
- Diabetes - Hyperglycaemic Hennessy (1989) - Internal
- A legal not medical term - anything in body - must be physical
- Defendant does not know the nature and quality of act or as to not know what they are doing is wrong
- Prove any of following :- Did not know what doing Did not appreciate consequences of .....Did not appreciate circumstances in which acting
- Windle (1952) Johnson (2007) Byrne (1963)
- Prove any of following :- Did not know what doing Did not appreciate consequences of .....Did not appreciate circumstances in which acting
- Only relevant at time of offence - cannot be used for offence with MR
- Defence or Prosecution or judge can raise at any time - if judge or P raises defence then must prove BRD
- Hardly used since intro of diminished responsibility and abolition of death penalty
- If defence proven then verdict is D "not guilt by reason of insanity"
- Criminal Procedure (Insanity and unfitness to plead) Act 1991. If murder must make hospital order restricting defendant discharge immediately. Other offences:- 1/ Hospital order 2/ Guardianship order 3/ Supervision or treatment order 4/ Discharge
- If defence proven then verdict is D "not guilt by reason of insanity"
- Hardly used since intro of diminished responsibility and abolition of death penalty
- Defence or Prosecution or judge can raise at any time - if judge or P raises defence then must prove BRD
- Defect of Reason
Automatism
- Defined as "an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done while suffering from a concussion or whilst sleep walking
- Insane automatism
- Where cause of automatism is a disease of the mind as with the M'Naghten rules. In such cases the defence is insanity and verdict not guilty by reason of insanity.
- Non -insane automatism
- Where the cause is an external one. Where such a defence succeeds it is a complete defence and the defendant is not guilty.
- Actus Reus is not voluntary
- Reduced or partial control is not sufficient to constitute non insane automatism. A -G Reference (No 2 of 1992) 1993 held must be "total destruction of voluntary control"
- Blow to head
- Attack by swarm
- Sneezing
- Hypnotism
- The Effect of a drug
- Hypnotism
- Sneezing
- Attack by swarm
- Self Induced - when D knows conduct likely to bring on automatic state.
- Bailey (1983) failed to eat enough after taking insulin to control diabetes. became aggressive and hit someone with a crowbar. Offence was specific intent and so self induced can be a defence. Lack the required mens rea.
- If basi intent then must prove recklessness
- Where self induced through drink or drugs cannot use automatism.
- Where unaware actions likely to lead to a self induced automatic state in which he may commit an offence , not been reckless can use automatism
- Hardie (1984) valium prescribed for girlfriend - convicted of arson. CoA quash as he thought it would calm him - so not reckless and defence of automatism should be left to jury.
- Where unaware actions likely to lead to a self induced automatic state in which he may commit an offence , not been reckless can use automatism
- Where self induced through drink or drugs cannot use automatism.
- Problem = has to be decided on case by case whether insane or non-insane
- Reform
- Draft Criminal Code (1989) "a person is not guilty of an offence if - A) he acts ina state of automatism, that his act is i) a reflex, spasm or convulsion ii) occurs while he is in a condition (whether of sleep, unconsciousness, impaired consciousness or otherwise) depriving him of effective control of his act; and B) the act or condition is the result neither of anything done or omitted with the fault required for the offence not of voluntary intoxication.
- Defendants would have full defence.
- Takes away present system which allow judge to order medical treatment for those not guilty by reason of insanity
- Scoping paper 2012 on defences of insanity and automatism. So close should be done together.
- Takes away present system which allow judge to order medical treatment for those not guilty by reason of insanity
Informationen
- Beschreibung
- Y13 A Level Law Mindmap am Defences 2, erstellt von Stuart Halford am 27/02/2018.
- Erstellt von
- Stuart Halford
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