Term
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Definition
| Defect of the mind leading to a defect in reason, so the defendant doesn't know the nature or quality of his actions or that that the act is wrong |
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Term
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Definition
| Physical conditions can constitute a disease of the mind so long as they cause a defect of reason |
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Term
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Definition
| If the effect of the disease is to impair mental facilities of reason, it does not matter whether or not the defect is mental or physical |
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Term
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Definition
| Hypoglaecemia (not enough blood sugar) was caused by external sources - not a disease of the mind |
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Term
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Definition
| Hyperglaecemia (too much blood sugar) - was caused by internal sources - a disease of the mind |
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Term
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Definition
| Excessive reaction - psychological/emotional makeup - internal cause |
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Term
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Definition
| Post-traumatic stress disorder following a rape is external cause |
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Term
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Definition
| Sleepwalking is an internal cause |
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Term
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Definition
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Term
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Definition
| Attacked by bees. Involuntary response by external sources. |
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Term
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Definition
| Automatism must be a TOTAL loss of control |
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Term
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Definition
| Cannot avoid liability where a state of automatism is self-induced |
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Term
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Definition
| Intoxication will be treated as involuntary if the prosecution cannot prove that D might realize what happened when he took it |
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Term
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Definition
| If a defendant is so intoxicated that he cannot form the requisite mens rea, he cannot be liable for a crime of specific intent |
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Term
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Definition
| The D's intoxication supplies the mens rea for crimes of basic intent. TEST #1: An offence is one of specific intent if only intention will suffice for liability, and an offence is one of basic intent if recklessness suffices (Lord Simon). TEST #2:An offence is one of specific intent if a further intent is required (i.e. the mens rea extends beyond the actus reus), but if the mens rea and actus reus coincide, it is one of basic intent. (Lord Elwyn Jones). |
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Term
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Definition
| Cannot rely on intoxicated mistake for sexual offences (these will be considered crimes of basic intent) |
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