insanity

Question 1

what type of defence is insanity

Answer 1

capacity

Question 2

what case did it form from

Answer 2

M.Naughten

Question 3

what’s element 1

Answer 3

Defect of reason

Question 4

what does defect of reason mean, and what dies not satisfy as a defect of reason

Answer 4

-absentmindedness= no
- must b unable to reason at time of offence

Question 5

Clarke 1972
hint - forgot

Answer 5

D had depression took items from shop w/o paying
POL- absentmindedness is not a defect of reason
NOT RELY

Question 6

what is element 2

Answer 6

Disease of the mind

Question 7

what is a disease of the mind
- what type of term and disease
-what type of cause can D not claim insanity due to

Answer 7

ie. sleepwalking / epilepsy
- is a legal term not a medical one
- can be physical/mental disease
- external causes cannot claim insanity

Question 8

what is a type of external cause and a case to support it

Answer 8

external cause= not take insulin
- QUICK- diabetic nurse attacked one of her patients after forgetting to eat after taking insulin
- could not rely on insanity

Question 9

sullivan 1984
hint - fit

Answer 9

D was epileptic and often showed aggression to those helping him, during a fit he injured 80y/o man
- could rely on insanity

Question 10

what’s element 3
hint - 2 parts

Answer 10

D must not know what he is doing and not know the nature or quality of the act

Question 11

windle 1952
hint- aspirin

Answer 11

D killed his wife by giving her too much aspirin whilst suffering from a mental condition
NOT RELY
POL- act was unlawful

Question 12

Burgees 1991
hint- GBH

Answer 12

D committed GBH whilst sleepwalking
COULD RELY
POL- sleepwalking is disease of mind

Question 13

Kemp 1956
hint- hammer

Answer 13

D assaulted his wife with a hammer but lost consciousness due to hardening of his arteries
COULD RELY
POL- hardening of arteries effected his ability to reason