Insanity Flashcards

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1
Q

M’Naughten (1843)

A

Must be a:
- Defect of reason
- Disease of the mind
- Causes D to know the nature and quality of his act OR not know what he was doing was wrong

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2
Q

Loake v DPP

A

Insanity is a general defence and not limited to crimes requiring mens rea, defence was allowed.

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3
Q

Defect of reason

A

Defendants power of reasoning must be impaired

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4
Q

Clarke (1972)

A

Simple moments of absent mindedness is not enough for defect of reason

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5
Q

R v Windle

A

Was deemed aware that he knew what he was doing

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6
Q

R v Sullivan

A

Defect of reason may be permanent or temporary

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7
Q

Disease of the mind

A

Defect of reason must be due to a disease of the mind. This is a legal term, not a medical one. The disease can be a mental disease or a physical one.

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8
Q

Kemp

A

Mental faculties and reasoning were affected by his condition and so he came into the definition of insanity.

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9
Q

Sullivan

A

Disease can affect any part of the body as it also has an affect on the mind

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10
Q

Hennessy

A

Diabetes can be a defect of the mind

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11
Q

Burgess

A

Sleep disorder caused by internal causes so insanity

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12
Q

External factors that cause the defendants state of mind is not insanity

A

Quick 1973

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13
Q

Nature and quality of the act

A

Physical character of the act

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14
Q

What are the two ways that the defendant may not know the nature and quality of act?

A
  • State of unconsciousness or impaired conscienceness
  • When he is conscious, but due to his mental condition, he does not understand what he is doing
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