insanity

Question 1

M’naughten rules

Answer 1

1 - everyone is presumed sane, have a suffiecient degree of reason to be responsible for thier crimes
2 - element of the defence were present at the time of committing the act

Question 2

conditions of the defence

Answer 2

1 - d suffering from a disease of the mind
2 - this gave rise to a defect of reason
3 - d did not know the nature and quality of the act he was doing

Question 3

disease of the mind

Answer 3

legal term

Question 4

insantiy is what type of factor

Answer 4

internal

Question 5

examples of internal factors

Answer 5

epilepsy (sullivan) , sleepwalking, diabetes, PMS

Question 6

definition of the disease of the mind

Answer 6

malfunction of the mind not the brain

Question 7

defintion of defect of reason

Answer 7

powers of reaonsing are impaired - clarke

Question 8

defintion of nature and quality of act case

Answer 8

codere, shows that it is necessary to prove that d did not know what he was doing, d did not appreciate the consequence, d did not appreciate the circumstance in whihc he was acting

Question 9

automatism defintion

Answer 9

acts while in a state of unconciousness or impaired consciousness - movement of limbs are involuntary

Question 10

test for automatism

Answer 10

must show complete loss of voluntary control (ag ref no2 of 1992)
caused by an external factor
that was not his fault (not self induced)

Question 11

external factor examples

Answer 11

PTSD
brain tumour
hypoglycaemic