10 Capacity

Question 1

What 3 factors are required for automatism?

Answer 1

1. The defendant suffered a complete loss of self-control
2. This was caused by an external factor (sleepwalking is an internal factor - Burgess [1991])
3. He was not at fault in losing capacity

Question 2

What is the definition of insanity?

Answer 2

a. The defendant was suffering from a defect of reason caused by a disease of the mind
b. They did not know the nature or quality of their act
c. They did not know that what they were doing was wrong

Question 3

Why is disease of the mind controversial?

Answer 3

• It is not a medical term but a legal one

- It does not need to be a disease; an injury such as a hit on the head will suffice

Question 4

What are the requirements for Diminished Responsibility?

Answer 4

1. The defendant suffered from an abnormality of mental functioning
2. This was caused by a recognised medical condition
3. The abnormality impaired his ability to understand the nature of his conduct, form a rational judgement or exercise self-control