Insanity Flashcards
1
Q
To use insane automatism as a defence, D must…
A
Be insane at he committed the act. INTERNAL CAUSE
2
Q
McNAUGHTON RULES
A
When you commit a crime you must be suffering from a:
Defect of reason - CLARKE SULLIVAN
COMPLETE LOSS of the power of reasoning
3
Q
The defect must be caused by a disease of the mind (INTERNAL)
A
- Epilepsy - SULLIVAN
“Any condition which impairs the mental facilities of reason, memory, and understanding” - Diabetes:
hyper - HENNESSY - Insane automatism
hypo - QUICK - Non insane automatism
OIR:
Schizophrenia / paranoia
Sleepwalking - BURGESS
4
Q
Because of the defect, D must not…
A
Know the nature and quality of his act - BRATTY
OR
If he did know he must not realise that it is legally wrong - JOHNSON
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