insanity

Question 1

what is the act where insanity is found

Answer 1

the m’naghten rules 1843

Question 2

what is the definition of insanity?

Answer 2

the d was suffering from a defect of reason from a disease of the mind and does not know the nature and quality of the action or if he does not know it is legally wrong

Question 3

what does it mean when the d was suffering from a defect of reasoning?

Answer 3

d powers of reasoning were defective and there was a total inability to reason a complete lack of awareness at the time of the offence

Question 4

what is the case for a defect of reasoning and the extra definition?

Answer 4

r v clark= needs to be more than absent mindless and confusion

Question 5

what does it mean to have a disease of the mind?

Answer 5

the defect of reasoning must be due to a disease of the mind which is a legal term and not a medical one, it can ba a mental or a physical disease which effects the mind

Question 6

what is the case and extra definition for disease of the mind?

Answer 6

r v kemp= affected his memory, reasoning and understanding

Question 7

what does it mean to not know the nature and quality of the act?

Answer 7

the d was unconscious, impaired conscious or they were conscious but due to their medical condition they dint understand what they are doing

Question 8

what is the case for doesn’t know the nature and quality of the act

Answer 8

r v oye

Question 9

what does it mean for the d to not know he was legally wrong?

Answer 9

if the d knew the nature of the act and that he was legally wrong the defence won’t work (r v Johnson)

Question 10

what is the special verdict for insanity?

Answer 10

the d is not guilty by reason of insanity
the judge can impose= hospital order,
supervision or an absolute discharge