Insanity Flashcards
M’Naghten 1843
created the defence of insanity
D can use the defence of insanity if…
he is suffering from a defect of reason due to a disease of the mind that renders them unable to understand the nature of their actions or that their actions are wrong
Insanity can be a defence against strict liability offences
Loake 2017
Loake 2017
Insanity can be a defence against strict liability offences
Clarke 1972
Defect of reason must be more than absent-mindedness or confusion
Kemp 1956
‘Disease of the mind’ can be a mental or physical disease which affects the mind
‘Disease of the mind’ can be a mental or physical disease which affects the mind
Kemp 1956
If defect of reason is due to an external cause, the defence of insanity does not apply
Quick 1973
Quick 1973
If defect of reason is due to an external cause, the defence of insanity does not apply
Windle 1952
Wrong means legally wrong not morally wrong
Wrong means legally wrong not morally wrong
Windle 1952
D may not know the nature of their conduct because they are in a state of unconsciousness
Oye 2013
Oye 2013
D may not know the nature of their conduct because they are in a state of unconsciousness or partial consciousness