Insanity - Defences

a quiz for AQA Law Unit 3 Exam students on the defence of Insanity.

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1. Which of the following is the defence of insanity available for?

  • Only available to murder, manslaughter and s18 of the OAPA 1861.
  • All offences except Assault and battery.
  • Any offence where a mens rea is required. Not available for strict liability offences.
  • All offences
  • All offences except for strict liability offences and Common assault as a mens rea is required.
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Other questions in this quiz

2. Which of the following is the correct summary of the M'Naghten rules?

  • The defendant must be suffering from a recognised medical condition which impairs the defendants ability to understand the nature of his act and excersize self-control.
  • The defendant must be suffering from a defect of reason and must be able to prove his insanity on the balance of probabilities.
  • The defendant must be suffering a defect of reason which results from a disease of the mind which then causes the defendant to not know the nature/quality of his act or not know what he was doing was wrong.
  • The defendant must be suffering from a loss in control caused by an external factor which means he lacks the mens rea of the offence.

3. The case example of 'Clarke' showed what legal point relating to the law of insanity?

  • Insanity must be proved on balance of probabilities.
  • Insanity can be aplplied to a temporary organic or functional disease.
  • Mere absent-mindedness or confusion is not a defect of reason and is not insanity.
  • If the defendant knows that what he has done is legally wrong then he is not insane.

4. Which of the facts below corresponds to the case of 'Sullivan'?

  • The defendant injured his friend during an epileptic fit.
  • The Diabetic who took a car after failing to take his insulin.
  • The defendant stabbed his neighbour whilst suffering from paranoid frenzys,
  • The defendant injured his girlfriend whilst sleep walking.
  • The defendant absent-mindedly took items from a supermarket.

5. What was the legal point that was made by the case of 'Sullivan?'

  • Organic and functional diseases are included in insanity and the defence can apply where the insanity is temporary.
  • Mere absent-mindedness or confusion is not a defect of reason and is not insanity.
  • For the defence of insanity to succeed no mens rea is required.

Comments

Thelma Osadebay

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i got 72%. thats pretty bad. but the quiz is pretty good though

Alice

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Good starter for my revision thanks :) 100% hoping for an A on Friday!

Alex Smith

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The last question was a stupid trick, not a nice quiz!

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