Criminal Law Defences Analysis & Evaluation Essays
Analyse and evaluate the law relating to the defence of Insanity (25 marks)
Paragraph 1 - Knowledge Defect in reasoning (R v Clarke), caused by a disease of the mind ( R v
and understanding (AO1) Kemp/R v Hennersey) that caused D not not to know the nature and
quality of his act and what he was doing was wrong (R v Windle).
What key points do you
want to explain in the first
section of your essay?
Paragraph 2 – choose a Outdated
specific area of the defence
and analyse (AO3) it – how ● Law on insanity comes from the 1843 case on M'Naghten.
can you do this? ● Many thing have changed since then so it probably needs
updating
● Proposals for reform- Royal Commission on Capital punishment
Evaluate (AO3) this area of
the defence – how can you suggested that the M'Naghten rules should be extended so that a
defendant would be considered insane if he could not prevent
do this?
himself from doing the act.
Paragraph 3 – choose a Social stigma
specific area of the defence
and analyse (AO3) it – how ● The word insanity carries a social stigma
can you do this? ● Reforms have suggested that insane should be replaced with “not
guilty on evidence of mental disorder”- perhaps remove some of
the stigma associated with an insanity verdict but this was never
Evaluate (AO3) this area of implemented
the defence – how can you
do this?
Paragraph 3 – choose a Legal definition of insanity
specific area of the defence
and analyse (AO3) it – how ● The definition of insanity is a legal definition rather than a medical
definition. The term should be defined by psychiatrists not judges.
can you do this?
● As a result of the legal definition people suffering from certain
mental disorders do not come within the defence e.g those
Evaluate (AO3) this area of suffering from irresistible urges (Bryne)
the defence – how can you
do this?
Paragraph 4 – conclusion – Overall the law on insanity is very outdated and needs to be reformed as it
, reach a judgement (AO3) has led for unfair outcomes in cases such as Bryne.
Overall do you think the law
in this area is effective?
Why/Why not? What is the
most important evidence to
support your conclusion?
Criminal Law Defences Analysis & Evaluation Essays
Analyse and evaluate the law relating to the defence of Automatism (25 marks)
Paragraph 1 - Knowledge Automatism covers situations where the body acts independently of the
and understanding (AO1) mind.
● Involuntary act (AGR 2)
What key points do you ● Caused by a external factor ( R v Narborough)
want to explain in the first
section of your essay? ● Need for medical evidence- ( Hill v Baxter)
● Self-induced- Bailey
Paragraph 2 – choose a Overlap between insane and non- insane automatism
specific area of the defence
and analyse (AO3) it – how ● Deciding whether the situation is one of insanity or automatism is
difficult
can you do this?
● Situations which would seem to the non-lawyer to be ones of non-
insane automatism such as diabetic being in a high blood sugar
Evaluate (AO3) this area of state, or someone sleep- walking may at law be considered to be
the defence – how can you insane automatism.
do this?
Paragraph 3 – choose a Confusion and unfairness in cases where it was self- induced
specific area of the defence
and analyse (AO3) it – how ● For example, the defence of automatism can be available to those
who have committed crimes of specific intent, but is not available
can you do this?
to crimes of basic intent, which in itself is difficult for non-legal
personnel to differentiate between.
Evaluate (AO3) this area of
the defence – how can you
do this?
Paragraph 3 – choose a Complete loss of control
specific area of the defence
and analyse (AO3) it – how ● May create unfair outcomes in individual cases as partial loss of
control may still cause the same actions as a full loss of control
Analyse and evaluate the law relating to the defence of Insanity (25 marks)
Paragraph 1 - Knowledge Defect in reasoning (R v Clarke), caused by a disease of the mind ( R v
and understanding (AO1) Kemp/R v Hennersey) that caused D not not to know the nature and
quality of his act and what he was doing was wrong (R v Windle).
What key points do you
want to explain in the first
section of your essay?
Paragraph 2 – choose a Outdated
specific area of the defence
and analyse (AO3) it – how ● Law on insanity comes from the 1843 case on M'Naghten.
can you do this? ● Many thing have changed since then so it probably needs
updating
● Proposals for reform- Royal Commission on Capital punishment
Evaluate (AO3) this area of
the defence – how can you suggested that the M'Naghten rules should be extended so that a
defendant would be considered insane if he could not prevent
do this?
himself from doing the act.
Paragraph 3 – choose a Social stigma
specific area of the defence
and analyse (AO3) it – how ● The word insanity carries a social stigma
can you do this? ● Reforms have suggested that insane should be replaced with “not
guilty on evidence of mental disorder”- perhaps remove some of
the stigma associated with an insanity verdict but this was never
Evaluate (AO3) this area of implemented
the defence – how can you
do this?
Paragraph 3 – choose a Legal definition of insanity
specific area of the defence
and analyse (AO3) it – how ● The definition of insanity is a legal definition rather than a medical
definition. The term should be defined by psychiatrists not judges.
can you do this?
● As a result of the legal definition people suffering from certain
mental disorders do not come within the defence e.g those
Evaluate (AO3) this area of suffering from irresistible urges (Bryne)
the defence – how can you
do this?
Paragraph 4 – conclusion – Overall the law on insanity is very outdated and needs to be reformed as it
, reach a judgement (AO3) has led for unfair outcomes in cases such as Bryne.
Overall do you think the law
in this area is effective?
Why/Why not? What is the
most important evidence to
support your conclusion?
Criminal Law Defences Analysis & Evaluation Essays
Analyse and evaluate the law relating to the defence of Automatism (25 marks)
Paragraph 1 - Knowledge Automatism covers situations where the body acts independently of the
and understanding (AO1) mind.
● Involuntary act (AGR 2)
What key points do you ● Caused by a external factor ( R v Narborough)
want to explain in the first
section of your essay? ● Need for medical evidence- ( Hill v Baxter)
● Self-induced- Bailey
Paragraph 2 – choose a Overlap between insane and non- insane automatism
specific area of the defence
and analyse (AO3) it – how ● Deciding whether the situation is one of insanity or automatism is
difficult
can you do this?
● Situations which would seem to the non-lawyer to be ones of non-
insane automatism such as diabetic being in a high blood sugar
Evaluate (AO3) this area of state, or someone sleep- walking may at law be considered to be
the defence – how can you insane automatism.
do this?
Paragraph 3 – choose a Confusion and unfairness in cases where it was self- induced
specific area of the defence
and analyse (AO3) it – how ● For example, the defence of automatism can be available to those
who have committed crimes of specific intent, but is not available
can you do this?
to crimes of basic intent, which in itself is difficult for non-legal
personnel to differentiate between.
Evaluate (AO3) this area of
the defence – how can you
do this?
Paragraph 3 – choose a Complete loss of control
specific area of the defence
and analyse (AO3) it – how ● May create unfair outcomes in individual cases as partial loss of
control may still cause the same actions as a full loss of control
