Insanity

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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)
  • Identification

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