insanity

Question 1

what act defined insanity

Answer 1

s.1 criminal procedure (insanity and unfitness to plead) act 1991 - need evidence from 2 doctors and 1 must be an expert in mental health

Question 2

key case of M naughten

Answer 2

d must be suffering from a defect of reasoning caused by a disease of mind so that they dont understand there nature and quality of their act

Question 3

stage 1

Answer 3

d power of reasoning must be impaired (clark)- temporary absentmindness is not enough

Question 4

stage 2

Answer 4

disease of the mind - this can cover any physical disease that affects of operations of that mind or any disease that produces a mental malfuctioning

Question 5

stage 2 diseases

Answer 5

epilepsy-sullivan - D attacked V during an epileptic seizure
diabetic : hyperglycemia (high blood sugar)- diabetic forgot insulan intake (hennessy) internal factor
hypoglycemia - forgot to eat (external factor = automatism
sleepwalking - burgess - held can amount to a disease of mind
scizophrenia
chronic depression

Question 6

stage 3

Answer 6

nature and quality of the act that is wrong
d must either not understand the nature and quality of their act or not realize what they are doing is wrong

Question 7

what did windle in stage 3 held

Answer 7

windle held if D knew he committed a legal wrong then the defence is not avaliable