Chapter 13 Self-test questions

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The defence of intoxication can arise from drugs as well as alcohol.
True or false?

True correct incorrect

False correct incorrect

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The intoxication rules only become relevant where, as a result of intoxication, D lacks the prescribed mens rea for the offence.
True or false?

True correct incorrect

False correct incorrect

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If D is voluntarily intoxicated, the burden of proof shifts to D to prove their innocence.
True or false?

True correct incorrect

False correct incorrect

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In some cases, the fact that D was voluntarily intoxicated can be a substitute form of mens rea.
True or false?

True correct incorrect

False correct incorrect

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Drinking alcohol to build courage to commit a specific intent crime will remove the availability of voluntary intoxication as a defence.
True or false?

True correct incorrect

False correct incorrect

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What is sane automatism?

Where D lacks voluntariness because of alcohol. correct incorrect

Where D lacks voluntariness because of an external factor. correct incorrect

Where D lacks voluntariness because of drugs. correct incorrect

Where D lacks voluntariness because of their mental health. correct incorrect

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Automatism can apply if the "external factor" is D's taking illegal drugs.
True or false?

True correct incorrect

False correct incorrect

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Automatism requires a complete loss of voluntary control of oneself.
True or false?

True correct incorrect

False correct incorrect

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In some cases, the fact that the circumstances of D's automatism arose from D's own blameworthy conduct can be a substitute form of mens rea.
True or false?

True correct incorrect

False correct incorrect

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Which of the following cases is highly relevant to automatism?

Donovan [1934] 2 KB 498 correct incorrect

Woollin [1999] 1 AC 62 correct incorrect

Powell and English [1999] 1 AC 1 correct incorrect

Bratty [1963] AC 386 correct incorrect

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The defence of insanity can lead to a full and complete acquittal.
True or false?

True correct incorrect

False correct incorrect

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D can appeal against their being found not guilty by reason of insanity (a "special verdict").
True or false?

True correct incorrect

False correct incorrect

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Which statute governs the outcome of special verdict cases?

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 correct incorrect

Mental Health Act 1983 correct incorrect

Criminal Justice and Courts Act 2015 correct incorrect

Mental Capacity Act 2005 correct incorrect

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Which of the following cases gave rise to insanity in precedent?

Graham [1999] 1 All ER 801 correct incorrect

Bratty [1963] AC 386 correct incorrect

Donovan [1934] 2 KB 498 correct incorrect

M'Naghten (1843) 10 Cl & Fin 200 correct incorrect

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What is the legal test for the defence of insanity?

D must have been suffering from an abnormality of mental functioning; which arose from a recognised medical condition; which provided an explanation for the killing; and impaired their ability to do one of three things:
1) Understand the nature of their conduct;
2) Form a rational judgement;
3) Exercise self control. correct incorrect

1) D had a loss of self control; and
2) This was caused by a qualifying trigger; and
3) A reasonable person have reacted in this way. correct incorrect

1) D was suffering from a "disease of the mind";
2) This must have caused a "defect of reason"; and
3) This must have meant that D either did not know the nature and qualify of their act, or D did not know that it was wrong. correct incorrect

D must have been suffering from a medical condition, which:
1) Made them feel seriously and unusually unwell;
2) Made them behave differently to how they usually did;
3) Provided an explanation for the crime. correct incorrect