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  • Insanity
    • M'Naghten rules
      • defect of reason
        • = complete loss in reasoning powers + forgetfulness and absent mindedness is not sufficient
          • r v clarke
      • defect of reason must be caused by disease of the mind
        • = legal not medical term
          • r v kemp = no distinction between disease of the mind or disease of the body
            • 2 judicial theories
              • continuing danger theory
                • bratty
                  • any mental disorder which has manifested itself in violence and is prone to recur is a disease of mind
                    • sullivan confirmed
              • internal/external theories
                • quick = decided if malfunction is caused by internal source the correct defence = insanity
                  • hennessy
                • if due to external = automatism
                  • quick
                • sleepwalking
                  • bratty
      • lacked nature and quality of act or if d did not know what they were doing was wrong
        • codere
          • physical rather than the moral nature of the act
        • knowledge the act was wronge
          • means legally not moral
            • r v windle
            • r v johnson


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