Insanity Flashcards
r v m’naughten
“in all cases everyman is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes
elements
1- defect of reason
2-disease of the mind
3-causing d not to know the nature and quality of their act
defect of reason
d must be deprived of the power of reasoning
disease of mind
must me internal not external. legal term not medical
r v clarck
unsuccessful defence. defect of reason must be more than absent mindedness
r v kemp
hardening of the arteries qualified to disease of mind because it gave moments of unconsciousness
r v sulluvan
plead guilty rather than insanity
r v quick
external cause, did not qualify (diabetes)
r v henessy
d didnt take insulin for 3 days, diabetes qualified
OYE 2013
in a psychotic state and did not know the nature and quality of his act
WINDLE 1972
not knowing what hes doing wrong means legally wrong not morally “i suppose theyll hang me for this”
JOHNSON 2007
even though he was schizophrenic he knew what he was doing was wrong
