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A Level Law > Insanity > Flashcards

Insanity Flashcards

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1
Q

What type of defence is insanity

A

General defence

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2
Q

Insanity is available to most crimes but not to

A

Strict liability offences (DPP v H)

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3
Q

The defence bear the burden of proving D is insane at the time of the offence

A

On the balance of probabilities

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4
Q

Expert medical evidence is required to prove the defence

A

2 or more registered medical practitioners

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5
Q

If the defence is successful D is found

A

‘Not guilty by reason of insanity’

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6
Q

The judge can give one of 3 orders

A

Hospital, supervision, discharge (conditional or absolute)

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7
Q

The rules on insanity are set out in the case of

A

M’Naghten (1843)

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8
Q

At the time of the offence D must have been labouring under

A

a defect of reason

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9
Q

He must have been totally deprived of his powers of reason, partial loss isn’t enough such as absentmindedness or forgetfulness.

A

Clarke

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10
Q

The DoR must arise from a disease of the mind - mind doesn’t just mean brain…

A

it covers all of the mental faculties of reason, memory and understanding (Sullivan)

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11
Q

DoM is a legal not …

A

medical definition

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12
Q

DoM can be permanent or temporary, curable or incurable, organic e.g. a brain tumour or function e.g. psychosis. It includes conditions such as…

A

sleepwalking, psychomotor epilepsy, diabetes and arteriosclerosis

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13
Q

Sleepwalking case

A

Burgess

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14
Q

Epilepsy case

A

Sullivan

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15
Q

Hardening of the arteries case

A

Kemp

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16
Q

In Kemp the judge said DoM can include conditions that…

A

‘manifest themselves in violence and are prone to recur’ though this isn’t definitive as a DoM can be temporary and one off!

17
Q

The DoM must be caused by an

A

internal not external factor

18
Q

If the DoM is caused by an external not internal factor the appropriate defence is…

A

automatism

19
Q

Diabetic case where D didn’t take their insulin and committed a crime so the defence was insanity

A

Hennessy

20
Q

Diabetic case where the D took their insulin then failed to eat, so the defence was automatism

A

Quick

21
Q

Case where the D used Cannabis and then committed a crime, this is an external cause so the defence isn’t insanity it is automatism.

A

Coley

22
Q

The D must not know what he is doing - this refers to the physical nature and quality of his conduct or if he does he must not know it is ….

A

legally wrong

23
Q

Case(s) to illustrate D mustn’t know the physical nature and quality of their conduct

A

Codere; Oye

24
Q

Case(s) to illustrate D must not know what they are doing is legally (not morally) wrong.

A

Windle; Johnson

25
Q

Windle knew giving his partner aspirin was legally wrong because he said…

A

I suppose they will hang me for this

A Level Law (3 decks)

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