Mental Capacity Defences - Intoxication, Insanity
Intoxication ---> Is a general defence that covers alcohol, drugs and other intoxicants. The law relating to intoxication is heavily public policy based so it is hard to gain a defence and even if you do, it is only likely to be partial.
Voluntary Intoxication ---> It is when D voluntarily becomes intoxicated then it depends on what crime has been committed as to whether a defence is available. NEVER A DEFENCE TO BASIC INTENT CRIMES
Involuntary intoxication ---> If D is involuntary intoxicated then again the Judges look at whether D was so drunk they did not have the mens rea for the offence.
M_ ---> Intoxication is no defence to crimes of basic intent as intoxication is classed as a reckless cause of conduct
L__ ---> He was acquitted of murder because jury was not sure that he had the necessary intention being intoxicated but conviction of manslaughter. Satisfied that he didn't have the intention for murder but charged with manslaughter..
If D chooses to drink to give them the courage to commit a crime the defence will fail ---> Dutch courage Rule (Gallagher)
Laced drunks ---> D's drinks were spiked with alcohol or drugs such as where a drug is slipped into a soft drink or alcohol is added without D's knowledge.
Prescribed medication ---> The defendant takes drugs prescribed by the doctor in accordance with the instructions. ---> Unexpected side effects.
A__ ---> D knows that he is drinking alcohol but is mistaken as to its strength is no defence.
B__ ( Took some insulin and had something to drink but nothing to eat and attacked a rival) ---> Disregarded the automatism defence as it does not apply to self induced incapacity.
Soporific/ Sedative drugs -The defendant takes a non dangerous drug although not prescribed to him in a non reckless way. It then has an unexpected effect on the D
H__ ---> Self administration of a sedative or soporific drug could negate mens rea unlike self induced intoxication by alcohol or dangerous drugs. If by taking the drug a defendant could not appreciate the risks to property ot persons from his actions so Jury should consider whether the taking of the drug was itself reckless.
If D makes a mistake whilst intoxicated then there will be no defence as an intoxicated mistake will not provide a defence to either specific or basic intent crimes.
The only exception is under the Criminal Damage Act 1971. This says that if you honestly believe V would consent to you committing the criminal damage then u will get the defence.
Insanity ---> An internal cause which is the disease of mind causes an defect of reason that affects the nature and quality of D's actions.
Defect of reason ---> D must be impaired of their powers of reasoning.
Disease of the mind ---> The defect must be due to an disease of the mind. This must be due to a disease of the mind. This can be mental or physical but must affect MEMORY, REASONING and UNDERSTANDING.
C__ ---> Forgetfulness or absentmindedness is not a defect of reason.
Nature and quality ---> D must know the nature and quality of their actions due to the condition. If they do know the nature and quality, they must prove that they didn't know it was legally wrong.
B___ ---> Internal cause therefore disease of mind. Sleep is normal, medically and sleepwalking is not regarded as a mental disorder but violence whilst sleepwalking is abnormal. it is a disease of the mind caused by internal factors.
W__ ---> Knowledge that an act is legally even if it perhaps appears not morally wrong but killing terminally ill spouse may have seen as morally justified but is still a criminal offence making unable to gain defence as he knew it was legally wrong.
Automatism ---> Is an involuntary act due to an external cause making D incapable of forming mens rea.
Involuntary act due to the eternal cause ---> The act must be involuntary where is a COMPLETE DESTRUCTION OF VOLUNTARY CONTROL.
External cause ---> Must be due to an external factor rather than internal
B_ V P__ ---> The accused was able to exercise some voluntary control over his movements so he not been acting an entirely involuntary manner and therefore not given the defence.
Incapable of forming MR ---> D must be incapable of forming mens rea due to the automatic state.
Q__ ---> Quick's malfunction was externally caused therefore no disease of mind as the eternally caused as he had taken insulin but didn't eat sufficient food instead drinking whisky and rum that amounted to automatism.
H_ V B__ ---> Chased by an swarm of bees, have an heart attack or hit on the head by a stone.
Bilton ---> A man was cleared of raping a woman 3 times in minutes after Jury accepted that he was sleepwalking.
Cannot be self induced.