McNaghten Rules - Presumed sane - defect of reason - disease of mind - not know N&Q or that its wrong, Clarke - Absentmindedness is not a defect of reason, Kemp - Arteriosclerosis - disease of the mind, Quick - Hypoglycaemia due to an external cause = automatism, Hennessy - Hyperglycaemia - diabetes - internal cause = disease of the mind, Burgess - Sleepwalking due to internal factors = disease of the mind (Insanity), Bratty (Insanity) - Where a mental disorder manifests itself in violence and is prone to recur = a disease of the mind, Sullivan - Epilepsy due to internal causes = a disease of the mind, Codere - Nature and quality means the physical nature of the act or understanding the consequences of it., Windle - Knowing that the act is wrong = legally wrong, Johnson - If df knows their acts are wrong - no insanity - even if they believe it is morally correct., Mitchell (dominoes) - Automatism is a total loss of voluntary control caused by an external factor, Bratty (Automatism) - @An act which is done by the muscles without any control by the mind ... or an act by a person who is not conscious of what he is doing ...', Broome v Perkins - For automataism to succeed df must have a total loss of voluntary control, AGs ref no 2 of 1992 - driving without awareness or impaired consciousness is not automatism - must be total loss of control, T - A dissociative state caused by an external traumatic event - could be automatism, Majewski - Intoxication cannot be used as a df to a basic intent crime (one that can be committed recklessly), DPP v Beard - A drunken intent is still an intent, O Grady - Where df makes a drunken mistake about the need to use force - he cannot use any defence, AG for NI v Gallagher - Dutch courage - if a man while sane and sober forms an intent to kill - and then gets drunk and kills - he cannot use the defence, Allen - Just because a drink is stronger than df thought it was - if he knew it was alcohol he cannot say it was involuntary, Kingston - A drugged intent is still an intent., Hardie - Intoxication is involntary when it is a prescription drug known for its calming effect and has an unusual reaction in V, Lipman - self induced intoxication is no defence to manslaughter,
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Defences - insanity automatism and intoxication
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