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capacity defences -insanity - Coggle Diagram
capacity defences -insanity
nature and quality of the act
Kemp (1956) & Burgess(1991)- State of lost consciousness
oye(2013) had a psychotic episode, and that he's not known what he was doing, and what she was doing was wrong. The judge directed the jury on the defence of insanity. Oh, was found guilty court appeal substituted, a verdict of not guilty by reason of insanity
Two ways in which the defendant would not know the physical character of the act:
State of unconsciousness, or impaired consciousness
Conscious, but do not understand or know what they're doing to to the mental condition.
disease of the mind
Can be mental or physical disease that affects the mind. Legal are not medical Term. Conditions such as schizophrenia covered, but are many other conditions that would be defined as being diseases of the mind. However, it must be caused by internal factor.
r v Quick 1973-caused by an external factor during insulin therefore defendant could rely on the defence of auto automatism and not insanity
voluntary intoxication - defendant voluntary takes an intoxicating substance which causes temporary psychotic episodes insanity can't be used -substance is an external factor. r v coley(2013) cannabis user attacks. His neighbour judge refused to accept offence of insanity, and Cody was convicted of attempted murder.
1.Defect of reason
Clark 1972 said, choose act in absent only due to depression and diabetes rules on insanity didn't apply
Needs to be complete absence of power, to reason, absent minus or confusion isn't sufficient
3 rules came from M'Naghten 1843 rules were devised by the HOL - presumed sane unless
2.cause biases of the mind
that they did not know either the nature or quality of the act, or did they know it, and they didn't know what they were doing was wrong
Labouring under such a defect of reason
verdict
Criminal procedure (insanity and and fitness to plead) act 1991 new orders available:
hospital order without time limit
hospital order with a time limit
guardianship order
supervision and treatment order
absolute discharge
If the fence is successful, it would be not guilty by reason of insanity prior to 1991 only punishment was hospital order which was not appropriate for those who had conditions like diabetes or epilepsy.
problems with insanity
Rules are set by M'Naghten 1843= outdated
Definition of insanity is a legal definition and not medical
People who have physio called diseases, like diabetes or sweet book, are considered insane
Jury's job to decide whether D is insane - they are qualified to do
Buddy to prove insanity may breach A6 = defendant is innocent until proven guilty
reforms
1975, but the committee suggested it should be replaced by verdict of not guilty of evidence of mental disorder never became law
1991 criminal procedure act gave judges more discretion on disposal where the defendant uses the defence of insanity
1953 introduced the most responsibility bc of resistible impulses would have been covered, but never became law
links with automatism
inSanity = insane automatism
Insanity is caused by internal factors. Automatism is caused by external.