law insanity
- Created by: coetzerchaise
- Created on: 06-02-21 13:13
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- insanity-M'Naughten rules
- 1.D must suffer a defect of reason
- Where D is not capable of reasoning as a normal, rational human being=Ds actions were not those of a capable human being
- R v Clarke 1972
- D claimed insanity when stealing meat from a shop despite professing vegetarianism
- Ratio: Absent mindedness is not insanity; Ds actions can still be strange or illegal and be rational
- R v Clarke 1972
- Where D is not capable of reasoning as a normal, rational human being=Ds actions were not those of a capable human being
- 3.Which caused D to lack the capacity to know what he did was wrong
- Did D know it was illegal,or rather probably would be according to the standards of ordinary reasonable men?
- R v Windle:D killed his wife when her depression caused him to become depressed. When arrested said ' I suppose they will hang me for this
- Ratio:The jury could not find he had not understood that his actions were wrong.Hanged
- R v Windle:D killed his wife when her depression caused him to become depressed. When arrested said ' I suppose they will hang me for this
- Did D know it was illegal,or rather probably would be according to the standards of ordinary reasonable men?
- 1.D must suffer a defect of reason
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