Insanity Cases

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  • Created by: Amy Baron
  • Created on: 13-01-13 14:35
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  • Insanity - Cases
    • Epilepsy is a disease of the mind caused by an internal factor and so insanity is the appropriate defence
      • R v Sullivan 1984
      • Bratty v Attorney General of Northern Ireland 1963
        • Accepted and endorsed the notion of two types of automatism -  insane and non-insane
        • Defined: State of Automatism
    • D knew that what he had done was wrong so could not come within the M'Naghten Rules
      • R v Windle  1952
      • R v Johnson 2007
      • R v Codere 1916 - defined 'wrong' as legally, not morally
    • Sleepwalking may well be a disease of the mind caused by an internal factor and so come under insanity
      • R v Burgess 1991
      • R v Lowe 2005
    • The trial judge would not allow the defence of insanity
      • R v Charlson 1955
    • Defect of reason is more than temporary absent mindedness
      • R v Clarke 1972
    • DPP v H 1997 - indicated that insanity is only available for offences that require an element of Mens Rea therefore it is not usually   available for Strict Liability
    • Disease of the mind must be caused by an internal factor and so Arterioscleros  is is a disease of the mind
      • R v Kemp 1957
    • Diabetes can be a disease of the mind caused by an internal factor and so come under insanity
      • R v Hennessy 1989
    • Hypoglycaemia in this case was caused by an external factor and so the appropriate defence was automatism
      • R v Quick 1973
        • First use of the External Factor Theory

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