Defences (AQA A-Level Law): Quizzes

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Defences 1: Capacity Defences
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What must a defendant prove on the balance of probabilities for an insanity defence under M'Naghten?

Defect of reason from disease of mind

In R v Clarke, what did the court say is required for a 'defect of reason'?

Being deprived of the power to reason

Why was R v Hennessy insanity but R v Quick automatism, despite both involving diabetes?

Hennessy internal; Quick external factor

In R v Windle, what does 'wrong' mean in the M'Naghten rules?

Legally wrong

What are the three requirements for automatism to succeed as a defence?

External factor, total loss, not self

Why did automatism fail in AG Reference No. 2 of 1992 (lorry driver case)?

Driver retained some control of vehicle

In R v Kingston, why was the defendant guilty despite involuntary intoxication?

He still formed the mens rea for offence

Can voluntary intoxication be a defence to murder (a specific intent crime)?

Yes, if too intoxicated to form intent

What is the mandatory sentence for murder where insanity verdict is returned?

Indefinite hospitalisation

Why did R v Burgess classify sleepwalking as insanity rather than automatism?

Sleepwalking is an internal factor

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