Criminal Law Questions presents a 10 question quiz on topics relating to criminal law defenses in England, including insanity, automatism, and intoxication. Key points covered include:
1) The minimum age of criminal capacity in English law is 14.
2) Insanity is a legal defense that is satisfied if the defendant did not know the nature and quality of the act, or know it was wrong due to a disease of the mind.
3) For insanity, the disease of mind must be an internal mental disorder affecting reason, memory and understanding.
4) The prosecution must prove the defendant committed the criminal act, but the defendant must prove insanity on a balance of probabilities.
Criminal Law Questions presents a 10 question quiz on topics relating to criminal law defenses in England, including insanity, automatism, and intoxication. Key points covered include:
1) The minimum age of criminal capacity in English law is 14.
2) Insanity is a legal defense that is satisfied if the defendant did not know the nature and quality of the act, or know it was wrong due to a disease of the mind.
3) For insanity, the disease of mind must be an internal mental disorder affecting reason, memory and understanding.
4) The prosecution must prove the defendant committed the criminal act, but the defendant must prove insanity on a balance of probabilities.
Criminal Law Questions presents a 10 question quiz on topics relating to criminal law defenses in England, including insanity, automatism, and intoxication. Key points covered include:
1) The minimum age of criminal capacity in English law is 14.
2) Insanity is a legal defense that is satisfied if the defendant did not know the nature and quality of the act, or know it was wrong due to a disease of the mind.
3) For insanity, the disease of mind must be an internal mental disorder affecting reason, memory and understanding.
4) The prosecution must prove the defendant committed the criminal act, but the defendant must prove insanity on a balance of probabilities.
Criminal Law Questions presents a 10 question quiz on topics relating to criminal law defenses in England, including insanity, automatism, and intoxication. Key points covered include:
1) The minimum age of criminal capacity in English law is 14.
2) Insanity is a legal defense that is satisfied if the defendant did not know the nature and quality of the act, or know it was wrong due to a disease of the mind.
3) For insanity, the disease of mind must be an internal mental disorder affecting reason, memory and understanding.
4) The prosecution must prove the defendant committed the criminal act, but the defendant must prove insanity on a balance of probabilities.
a) There is no lower age of criminal liability in English law.
b) The effect of s. 34 Crime and Disorder Act 1998 is that all children aged 10 and above are
fully criminally capable.
c) Section 34 Crime and Disorder Act 1998 provides that if D raises his capacity as an issue, the
prosecution must prove D was aware that what he was doing was seriously wrong.
d) The minimum age of criminal capacity in English law is 14.
Question 2:
Which of the following is FALSE?
a) Insanity is a general defense which may be pleaded to all crimes.
b) Insanity is a legal defense, not a description of a mental or medical condition.
c) Insanity is satisfied where D was laboring under such a defect of reason, from the disease of
the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that
he did not know that he was doing what was wrong.
d) Insanity is where D's state of mind is so different from that of ordinary human beings that the Criminal Law Questions reasonable man would term it abnormal. It is wide enough to cover the mind's activities in all its
aspects, not only the perception of physical acts and matters, and the ability to form a rational
judgment as to whether an act is right or wrong, but also the ability to exercise will-power to
control physical acts in accordance with that rational judgment.
Question 3:
The defendant has a defect of the reason for the purposes of the defense of insanity if
a) He is totally deprived of the power of reasoning.
b) He is unable to exercise rational judgment.
c) He lacks willpower.
d) He was absent-minded.
Question 4:
Disease of mind for the purpose of the defense of insanity is
a) an internal bodily cause affecting D's mental faculties of reason, memory, and understanding.
b) an external bodily cause affecting D's mental faculties of reason, memory, and
understanding.
c) a state of mind is so different from that of ordinary human beings that the reasonable man
would term it abnormal.
Criminal Law Questions d) an internal mental disorder.
Question 5:
Which of the following is FALSE?
a) In Quick (1973) D had taken insulin but had not eaten. The Court of Appeal held that
hypoglycemia caused by the application of medication to the body is an external
factor. This
was, therefore, not insanity.
b) Hennessey (1989) D had not taken insulin and had also not eaten. The Court of Appeal held
that hyperglycemia caused by operation of the diabetes is an internal factor. This
was,
therefore, a case of insanity.
c) Burgess (1991) the Court of Appeal concluded that sleepwalking is due to an
internal disorder
and the correct defense is, therefore, insanity.
d) In Kemp (1957) D's arteriosclerosis was a disease of the heart, not a disease of the mind.
Question 6:
Which of the following is a FALSE description of the operation of the defense of
insanity?
a) The prosecution must prove D committed the
c) D must prove on a balance of probabilities that he was legally (M'Naghten)
insane. Criminal Law Questions d) D must adduce evidence from at least 2 registered medical practitioners (s. 1 Criminal
Procedure (Insanity and Unfitness to Plead) Act 1991).
Question 7:
Insanity and automatism (that is insane automatism and non-insane automatism)
are similar
defenses. In which way, from those listed, do they differ?
a) D must have had a defect of reason.
b) The defect of reason must have been caused by a disease of the mind.
c) D did not form men's rea.
d) D did not know what he was doing.
Question 8:
In order to determine the effect of the defense of (non-insane) automatism,
further questions
need to be answered. Select the option below which is NOT a further
consideration.
a) Whether the offense is the specific intent
b) Whether the offense is basic intent
c) If the offense is the basic intent, whether D was Bailey reckless in becoming an automaton
d) Whether D formed men's rea
Question 9: Criminal Law Questions If D is involuntarily intoxicated at the time of the crime, which of the following statements is
TRUE?
a) If D is charged with a specific intent crime, he is not guilty.
b) If he is charged with a basic intent crime, he is guilty.
c) If D formed men's rea he is guilty.
d) If D was not 'at fault' informing the men's rea he is not guilty.
Question 10:
Which is the best description of the rule governing voluntary intoxication from Majewski (1977)
[ignoring for the moment the clarification of it in Richardson and Irwin]?
a) D is not guilty of a crime of specific intent if he did not form men's rea.
(Science, Technology and Medicine in Modern History) Jonathan Toms (Auth.) - Mental Hygiene and Psychiatry in Modern Britain-Palgrave Macmillan UK (2013)
(Science, Technology and Medicine in Modern History) Jonathan Toms (Auth.) - Mental Hygiene and Psychiatry in Modern Britain-Palgrave Macmillan UK (2013)
