Insane automatism

Cards (11)

  • Where does it come from?
    Criminal Procedure Act 1991- sentencing guidelines
  • R v Quick?
    Insulin, didn't manage food
    episode he blacked out
    not insanity but automatism- insulin is an external reason
  • What is the test for insanity?
    1)defect of reason
    2)disease of the mind
    3)not aware of nature/ quality or didn't know was doing something legally wrong
  • R v Clarke?
    confusion due to depression, removed items from basket and walked out shop
    defence workes- depression caused defect of reasoning
  • What does defect of reason mean?
    At the time of committing crime, mental faculties were defective
  • R v Hennessey?

    disease which affects functioning of the mind
  • Disease of mind?
    any medical condition as long as other areas are satisified
  • Bratly
    Strangled V- claimed it was due to condition
    Found to be guilty
  • R V Kemp?
    struck v with hammer, hardening of arteries resulted in unconsciousness
    not guilty- physical condition
  • R V Johnson?

    Suffered paranoid schizophrenia, thought neighbour was guilty of crime
    knew murder was illegal
    defence failed
  • What does nature show ?
    not denying of mens rea but need proof that even with one didn't understand act