Insanity
- Created by: Alex Ball3r
- Created on: 01-06-20 14:36
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- Insanity (Insane Automatism)
- general DEFENCE available to all crimes
- The Special Verdict - If the D is successful, the jury must return a verdict of, 'Not guilty by reason of insanity'.
- Partial defences to murder should be considered first: loss of control & diminished responsibility
- orders the judge can impose
- Hospital order-with or without restrictions to when D is released
- Supervision order-under supervision from local authority
- Absolute discharge- crime committed, punishment innappropriate
- M'Naughten Rules (1843)
- D was suffering from: a defect of reason
- Which
must be as a result of a disease
of the mind
- R v Burgess (1991) Sleepwalking can be a disease of the mind
- which caused the D: not to know the nature and quality of his act, or not to know what he was doing was wrong
- R v Oye (2013) attacked people in café, broke police officer's jaw & drank from a toilet)
- disease of the mind
- R v Kemp- hardening of the arteries, stopping blood going to the brain- attacked wife with hammer- NG-insanity
- R v Sullivan- had epilepsy, injured 90yr old-plead guilty to S47 ABH
- Key Cases:AG v Bratty( killed V with stocking) R v Quick (nurse attacked patient), R v Hennessy, (stolen car, high blood sugar), R v Burgess (attacked girlfriend in her sleep)R v Coley (17yr old cannabis user attacked neighbours with a knife)
- R v Kemp- hardening of the arteries, stopping blood going to the brain- attacked wife with hammer- NG-insanity
- general DEFENCE available to all crimes
- Identification
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