insanity
- Created by: joshnicholls238
- Created on: 17-02-14 15:31
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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
- = complete loss in reasoning powers + forgetfulness and absent mindedness is not sufficient
- 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
- any mental disorder which has manifested itself in violence and is prone to recur is a disease of mind
- bratty
- 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
- quick = decided if malfunction is caused by internal source the correct defence = insanity
- continuing danger theory
- 2 judicial theories
- r v kemp = no distinction between disease of the mind or disease of the body
- = legal not medical term
- 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
- means legally not moral
- codere
- defect of reason
- M'Naghten rules
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