insanity and automitism Flashcards
What type of defence is insanity?
a general defence
It was successful, what will insanity result in
special verdict of not guilty by reason of insanity 
The judge has several options when disposing of the case, such as
Hospital or supervision order
It is for the defendant to prove their case on what
The balance of probabilities
what case do the rules for insanity come from?
m’naghten
The first stage is
that the defendant was suffering with a defect of reason
clarke
Absentmindedness or confusion is not sufficient
What must the defect of reason arise from?
A disease of the mind, this can be any condition, physical or mental, providing it affected their mind in terms of memory, reasoning or understanding
kemp
kemp
it affected their mind in terms of memory, reasoning or understanding
hennessy
must be caused by an internal factor
sullivan
It does not have to be a permanent condition providing it existed at the time of the act
it must then be proven that due to the defective reason, the defendant did not know what
The nurture and quality of their acts are, they did not know their actual legally wrong
windle
Windle
they did not know that their acts were legally wrong
sleepwalking - case
burges
epilepsy
sullivan
