Insanity 2

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  • Insanity 2
    • 2. Defect of reason must be caused by disease of the mind
      • Mind= faculties of reason memory or understanding
        • Disease= something causing interference with these faculties
          • Cannot be disease of the mind if due to external cause
            • E.g. blow to head, drugs etc.
          • Sullivan (1984) AC 156 (epilepsy)
          • Hennessy (1989) 2 All ER 9 (diabetes)
          • Burgess (1991) 2 QB 92 (sleepwalking)
        • Cannot be disease of the mind if due to external cause
          • E.g. blow to head, drugs etc.
    • 3. Disease of the mind must cause failure to know nature and quality of act OR whether D knew it was wrong
      • Nature and Quality of act= physical quality of what D has done
      • R v Codere (1916) 12 Cr App R 21
        • Appellant convicted of murder
          • Sought to rely on the defence of insanity
            • At time of killing, he knew it was unlawful to kill
              • Held: not able to rely on the defence of insanity
      • Wrong= legally wrong
    • 1. Must suffer from a defect of reason
      • Must result from disease of the mind
      • E.g. R v Clarke (1972) 1 All ER 219 CoA
        • Mrs Clarke (58) absent-mindedly put some shopping in her bag. She had no recollection of dping so
        • Medical evidence: depression and diabetic
        • Changed plea to guilty then appealed against the judge's finding of insanity
        • Held: Short periods of absent-mindedness fell far short of amounting to defect of reason

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