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Criminal law- Mental capacity defences > Insanity > Flashcards

Insanity Flashcards

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1
Q

Who’s the burden of proof on?

A

The defence

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2
Q

What do the defence have to prove?

A

Balance of probabilities

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3
Q

Result of Insanity

A

D would not be sentenced but recieve an order of Not guilty by reason of insanity.

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4
Q

Who controls sentencing of insanity?

A

Domestic Violence, Crime and Victims Act 2004

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5
Q

What can judges give?

A

Order of hospital
supervision of treatment order
an absolute discharge.

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6
Q

Who laid down the rules of defence of insanity?

A

M’Naughten

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7
Q

Facts of M’Naughten

A

Tried to kill PM instead shot the secretary. Found not guilty on grounds he was insane.

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8
Q

Three elements

A

Defect of reason
Disease of mind
Not know the nature and quality of act or not knowing what he was doing was wrong

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9
Q

Defect of reason meaning

A

Complete loss of power of reason.

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10
Q

Didnt qualify under element 1 as has to be more than confusion or absentmindness.

A

Clarke

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11
Q

Defect of reason can be temporary or permanent.

A

Sullivan

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12
Q

Disease of mind meaning

A

Any malfunctioning of the mind caused by an inside source.

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13
Q

What section sets out disease of mind?

A

S1 Criminal Procedure Act 1991

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14
Q

What did S1 Criminal Procedure Act 1991 say?

A

D will need 2 medical experts to give medical evidence.

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15
Q

Brain is not considered mind.

A

Kemp

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16
Q

Disease can be any part of the body provided it has an effect of the mind.

A

Sullivan

17
Q

Not know the nature and quality of act Meaning

A

In a state of unconsciousness or impaired conscious or due to a mental health condition

18
Q

Jury disagreed with insanity and held murder.

A

Bratty

19
Q

Nature and quality of act physical rather than moral nature of act.

A

Codere

20
Q

Not Know the act was wrong Meaning

A

Legally rather than morally wrong.

21
Q

What did windle say?

A

‘I suppose they will hang me for this’

22
Q

Windle

A

Knew what he was doing was wrong.

23
Q

Even if evidence of disease of mind if knew what they were doing no insanity.

A

Johnson

24
Q

Didn’t know nature and quality of act or what they was doing was wrong.

A

Oye

25
Q

What happens if the defect of reason comes about through intoxication?

A

Insanity fails

26
Q

What happens if defect of reason comes about by alcoholism?

A

Insanity succeed

Criminal law- Mental capacity defences (5 decks)

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