Insanity

Question 1

What is the main case for insanity?

Answer 1

M’Naghten (1843)-establish 3 separate elements

Question 2

M’Naghten (1843)-establish 3 separate elements?

Answer 2

1)Defect of reason
2)Disease of mind
3)So as not to know etc

Question 3

What is a Defect of reason?

Answer 3

must be total not merely an act of forgetfulness.If D can exercise reason but fail to do so the defence won’t be available
-R v Clarke (1972)

Question 4

What is a Disease of mind?

Answer 4

Any type of condition that causes brain malfunctioning Disease of mind must be internal
R v Hennessy (hypoglycaemia ), R v Sullivan (epilepsy),

Question 5

What is So as not to know etc?

Answer 5

Not knowing his nature of conduct was wrong
To satisfy this condition must either be unconscious or have impaired consciousness
R v Windle (1952)