Defences: Insanity and Automatism Flashcards
What is the insanity defence?
a) D must suffer from a disease of the mind - Kemp
b) This must have caused a defect of reason - Clarke
c) This must have caused a lack of responsibility, either because D did not know the nature or quality of her act, or she did not know it was legally wrong
What is the special evidence rule?
There must have been evidence of two doctors - two doctor rule
What was the case where the insanity rules were set out?
The insanity rules were set out in the M’Naghten and confirmed in the House of Lords in its judicial capacity in Sullivan
What do defences do?
Defences negative liability where the actus and mens rea are made out.
What is the standard rule?
The standard rule is that everyone is sane unless proved otherwise
What is hyperglycaemia?
Hyperglycaemia is an internal cause, so possibly insanity.
What is the leading case for hyperglycaemia?
Kemp & Hennessy
What is hypoglycaemia?
Hypoglycaemia is an external case, so possible automatism
What is the leading case for hypoglycaemia?
Quick
Name a case where a diabetic failed to take sufficient food after an injection of insulin and slipped into a hypoglycaemic episode
Broome v Perkins
What is the automatism defence?
Where D raises automatism, she is making the claim that some external factor affected her body and caused her to lack voluntariness
When is the defence of automatism not available and what case approved this?
The defence of automatism is not available to a D who has induced a state of involuntary behaviour by his own fault. This was approved in the case of Bailey.
What was the law commissions proposals for insanity?
The law commission stated that a more radical approach would be to have a civil welfare team for diverting people whose criminal actions are motivated as a result of genuine psychiatric disease
What do Child and Ormerod say about insanity?
Child and Ormerod take the position that insanity is to recognise that those who rely upon that defence do not possess mens rea as a result of not understanding the “nature or quality” of their acts and to recognise a defence for those who know what they are doing but do not realise it is legally wrong
What did Hogg say about insanity?
Hogg argued that reform is needed for all defences and that mentally ill defendants are poorly served by the insnaity defence
