Defence - Insanity Flashcards
Which case founded definition of Insanity and what are they
M’Naghten Rules [1843]
D has a disease of mind
Leased to a defect of reason
D does not know nature and quality of act is wrong
Which case decided has the burden of proof
Woolmington v DPP
Burden of proof on the defence on the balance of probabilities
Name two cases of Insanity
Sullivan
Every man presumed the same unless it can be proven he has a disease of mind which led to defect
Burgess
Sleepwalking
What was decided in the case of Clarke [1972]
Defect of reason means an impairment of d’s powers of reasoning as opposed to failure to use
Case which looked at disease of mind
Kemp
Disease of mind can be permanent or transitional
Affects intellectual or cognitive capacities
Which case looked at moral legal nature
Codere
Physical nature not moral legal nature
Defence will succeed id D did not know legally and morally wrong
Two further cases of Insanity
Windle
Exception rule of ignorance
Johnson
Knew act was illegal
