Defences 1: Capacity Defences (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Legal test for insanity defence
Legal test for insanity defence
M'Naghten rules (1843)
Defect of reason meaning (insanity)
Defect of reason meaning (insanity)
Deprived of power to reason, not just absentminded
Internal/external factor test distinguishes
Internal/external factor test distinguishes
Insanity (internal) from automatism (external)
'Wrong' in M'Naghten means
'Wrong' in M'Naghten means
Legally wrong, not morally wrong
Burden of proof for insanity
Burden of proof for insanity
Balance of probabilities (on defendant)
Automatism definition
Automatism definition
Muscles acting without conscious control (physical involuntariness)
Outcome of successful automatism
Outcome of successful automatism
Complete acquittal
Control loss required for automatism
Control loss required for automatism
Total loss (not partial or impaired)
Voluntary intoxication defence availability
Voluntary intoxication defence availability
Specific intent crimes only (e.g. murder, s.18 GBH, theft)
Voluntary intoxication & basic intent crimes
Voluntary intoxication & basic intent crimes
Never a defence (becoming intoxicated is reckless)