all cases for insanity and automatism Flashcards
what case established insanity and what were its rules
M’naughten
- a defect of reason
- caused by a disease of the mind
- d does not understand the nature of their conduct or that what they are doing is legally wrong
what is the case for defect of reason
clarke- absent minded
what is the case for disease of mind can be physical
kemp
what is the case for disease of mind only needing to be a temporary condition
sullivan
what is the case for hyperglycaemia but insanity was not allowed
hennessey
case for sleepwalking being insanity not autom
burgess
case for lord denning’s continuing danger theory
bratty
case for not knowing nature of conduct or that its legally wrong
windle i suppose they will hang me for this
act that changed rules on hospitalisation
domestic violence, crime and victims act 2004
- secretary of state no longer has input on hospitalisation
- no guardianship
- hospitalisations must comply with the mental health act 1983
case that established def for autom
bratty lord denning said any act done by the muscle without control from the brain such as a reflex spasm or convulsion
three requirements for automatism
total loss of voluntary control
caused by an external factor
that is not induced
case for total loss of vol control
woolley- sneezing fit
case for external factor swarm of bees
hill v baxter, judge devlins analogy
case for hypoglycaemia
quick
case where father woke son up
lowe- this was not a valid external factor
