insanity and automitism Flashcards

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1
Q

What type of defence is insanity?

A

a general defence

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2
Q

It was successful, what will insanity result in

A

special verdict of not guilty by reason of insanity 

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3
Q

The judge has several options when disposing of the case, such as

A

Hospital or supervision order

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4
Q

It is for the defendant to prove their case on what

A

The balance of probabilities

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5
Q

what case do the rules for insanity come from?

A

m’naghten

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6
Q

The first stage is

A

that the defendant was suffering with a defect of reason

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7
Q

clarke

A

Absentmindedness or confusion is not sufficient

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8
Q

What must the defect of reason arise from?

A

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

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9
Q

kemp

A

it affected their mind in terms of memory, reasoning or understanding

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10
Q

hennessy

A

must be caused by an internal factor

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11
Q

sullivan

A

It does not have to be a permanent condition providing it existed at the time of the act

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12
Q

it must then be proven that due to the defective reason, the defendant did not know what

A

The nurture and quality of their acts are, they did not know their actual legally wrong
windle

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13
Q

Windle

A

they did not know that their acts were legally wrong

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14
Q

sleepwalking - case

A

burges

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15
Q

epilepsy

A

sullivan

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16
Q

diabetes

A

hennessy

17
Q

kemp - illness

A

hardening of the arteries