Criminal - Genral Defences

Question 1

What case set out the defence of insanity?

Answer 1

M’Naughten

Question 2

What are the three elements of the defence of insanity?

Answer 2

• Defect of reason
• disease of the mind
• So as to not know the nature and quality of the act or knowing that it was wrong.

Question 3

What is meant by defect of reason?

Answer 3

The complete loss of the power of reasoning, must be more than mere absent mindedness. (R v Clarke)

Question 4

What is meant by disease of the mind?

Answer 4

Does not have the same definition in law as the medical definition, it must be recognised an as long as it affects the mind it doesn’t matter what type. (E.g. diabetes, epilepsy etc) (Sullivan)