Defences - Insanity

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  • Defences - INSANITY
    • Three Rules Based on M'Naghten
      • Defect of Reason
      • Which is the result of the disease of the mind
      • Which caused the defendant not to know the nature or quality of their act or what they were doing was wrong
    • Not Knowing the Nature and Quality of the Act
      • Two ways this can apply:
        • Whether they are conscious but due to their mental condition they don't understand or know what they are doing
        • Because they are in a state of unconsciousness or impaired consciousness
      • R v Oye
        • D not knowing the nature and quality of their act
      • R v Windle
        • If the D knows the nature and quality of the act is criminally wrong then they can't use the defence of insanity
      • R v Johnson
        • If the D knows the nature and quality of the act is criminally wrong then they can't use the defence of insanity
      • The view of the Australlian court is that if a D believed their act to be right according to the ordinary standard of a reasonable person, they are entitled to be aquitted even if they knew it was legally wrong
    • Disease of the mind
      • That is a legal term not medical one
      • R v Kemp
        • Can be physical Disease which affects the mind
      • R Sullivan
        • Epilepsy comes within the rules of insanity
      • R Hennessy
        • High blood sugar levels because of diabetes classed as insanity as it affected the mind
      • R v Burgess
        • Sleep walking is within the definition of insanity
      • EXTERNAL FACTORS
        • R v Quick
          • Automatism applied instead - where D doesnt know what they're doing because of external cause
    • Defect of reason
      • Meaning the D's powers of reasoning were impaired
      • R v Clarke (1972)
        • The defect of the reason must be more than absent mindedness
    • The Special Verdict
      • When a D proves insanity the jury must return a verdict of NOT GUILTY BY REASON OF INSANITY
      • The judge can impose a punishment of:
        • A supervision order
        • A Hospital Order
        • Untitled
    • Burden of Proof is on the D on Balance of probablity

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