Critical points and Analytical points of Insanity and NIA cases for Question 1

Critical points and Analytical points of Insanity and NIA cases for Question 1

Grid with the main points to base your essays on for Question one of the indepth study of insanity

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Critical point AP1 AP2
Stress, anxiety and depression are prone to
Hennessey Hyperglycaemic diabetes falls under the Disease of the mind is not a disease of the
recur and therefore cannot be described as
1989 M'Naghten rules of insanity brain ­ it means the mind
external factors ­ therefore are insanity
Rape could count as an external factor for
Despite post traumatic stress usually being Despite this, the jury refused to accept the
R v T 1990 the purposes of proving non-insane
considered a condition of the mind defence and D was convicted
Lawton LJ considered it an "affront to
A transitory malfunctioning caused by an
Hypoglycaemic diabetes falls under the common sense to regard a person as mad
Quick 1973 outside source cannot be said to be a
remit of non-insane automatism whose symptoms could be rectified by a
lump of sugar"
Every man is presumed to be sane and to
M'Naghten Judge made and not designed to be used The burden of proof is on the defendant
possess sufficient reason to be guilty of his
1843 `as statute' or definitive and is on the balance of probabilities
crimes ­ jury decides if this is the case
Sleepwalking can fall under the remit of the Danger of recurrence makes it more likely Does not have to recur in violent form to
Burgess 1991
M'Naghten rules for insanity to be seen as a disease of the mind be considered a disease of the mind
Psychomotor epilepsy is a disease of the Any mental disorder which has manifested
Defined non-insane automatism and
Bratty 1963 mind and therefore falls under the remit of itself in violence and is prone to recur is a
differentiated between the two defences
insanity disease of the mind
Hardening of the arteries, a physical Does not matter whether the defect of
Law considers the effect on the mind, not
Kemp 1957 condition, is a disease of the mind and not reason is from a degeneration of the brain
how the state of mind came about
automatism or not
Does not matter that the defect was
Disease of the mind has to have the danger Defendant pleaded guilty rather than have
Sullivan 1984 temporary in nature ­ this could be dealt
of reoccurrence the stigma of insanity imposed upon him
with in sentencing

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