INSANITY & AUTOMATISM

Question 1

(factors)

What is insanity caused by?

Answer 1

Internal factors

Question 2

What is the outcome of a successful insanity or automatism defence?

Answer 2

Special verdict = full defence; D not guilty (by reason of insanity if for insanity defence)

Question 3

What are 3 things needed to be proven for insanity?

Case

Answer 3

M’Naughten rules:
1. Defect of reason
2. Disease of the mind
3. Not knowing nature of act / Not knowing it was wrong

Question 4

Defect of reason case + principle

Insanity

Answer 4

Clarke - defect of reason = substantial impairment of reasoning powers, not a mere momemtary lapse, confusion or absent-mindness.

Question 5

What are the cases and their principles for disease of mind?

Insanity

Answer 5

Kemp - narrowing of arteries caused loss of consciousness
Sullivan - minor epilepsy
Burgess - Sleep-walking
Hennessey - diabetes

All show internal factors and are a disease of the mind

Question 6

D did not know the nature and quality of his act or did not know what he was doing was wrong - cases and principle

Insanity

Answer 6

Kemp - lapse of consciousness
Sullivan - epiliptic fit
Burgess - sleep walking
OR D knew what he was doing but didn’t know it was legally and morally wrong - Windle

All show that D didn’t know

Question 7

(factors)

What is automatism caused by?

Answer 7

External factors

Question 8

What are the 3 elements of automatism?

Answer 8

- Involuntary action
- Caused by external factor
- Can’t be self-induced

Question 9

Involuntary act case + principle

Automatism

Answer 9

A-G’s Reference - D’s act doesn’t necessarily have to be aimed at V. Sufficient if forseeable harm is obvious.

Question 10

Caused by external factor case

Answer 10

Quick

Usually insulin or being knocked on the head

Question 11

Can’t be self-induced principle + case

Answer 11

If D caused the external factor defence will be unsucessful.
Quick - insulin was the self-induced external factor