Insanity

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affected

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I-D may argue the defence of insanity

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S.1 Criminal Procedure (Insanity & Unfitness to Plead) Act 1991: There must be evidence from 2

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doctors

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one of which must be an expert in mental health.

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D- M’Naghten defined the defence of insanity as having 3 stages:

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1) D must be suffering from a defect of reason

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2) Caused by a disease of the mind

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3) D must not understand the nature and quality of their actions

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E- Stage 1: D must be suffering from a DEFECT OF REASON- this means that D’s reasoning is

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impaired. It must be more than temporary absentmindedness or confusion -Clarke

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A- APPLY to the scenario

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E- Stage 2: The defect of reason must be caused by a DISEASE OF THE MIND. This covers any

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physical disease which affects the operation of the mind. Insanity is caused by INTERNALLY affected

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conditions.

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Examples of “diseases of the mind” :

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• Epilepsy- Sullivan

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/ Sleep walking- Burgess

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/ Schizophrenia

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• Chronic depression

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& Diabetes- Hyperglycaemia (High blood sugar) - Internally affected disease- Hennessy

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A- APPLY if relevant

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E- Stage 3: D must not understand the “NATURE & QUALITY” of their act

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This means, the D must not have known what they were doing was wrong and what the

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consequences would be (Windle)

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A- APPLY to the scenario

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Conclude- Would D be successful in arguing this defence?

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B5 HE

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crimes