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Rhian Nicole Mason

The M'Naughten (1843) case defined the insanity defence and it is broken down into:

Defect of reason
Disease of the mind
Not knowing the nature of the act
Not knowing that the act was wrong

It is basically the internal causes of loss or control and/or consciousness,…

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Rhian Nicole Mason

Windle (1952) ­ legally wrong but not morally wrong ­ killed insane wife who was threatening
suicide "I suppose they'll hang me for this" knew it was legally wrong, not insanity guilty.

Defined in Bratty Vs AG for NI (1963) ­ An act done by the muscles…

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Rhian Nicole Mason

Specific or Basic Intent

Specific is intent only ­ intending to be unlawful e.g. murder
Basic includes recklessness ­ assault and criminal damage

Voluntary Intoxication

Consuming alcohol/ drugs of you own free will, can only claim defence for specific intent crimes
e.g. murder gets downgraded to manslaughter…

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Rhian Nicole Mason

Consent is the idea that someone agreed to having something done to them, for example boxing
or a tattoo. It is split into: real, implied, level of injury and, Not a defence for murder.

Real Consent

This is where the victim specifically said and agreed to the…

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Rhian Nicole Mason

Pretty (2001) ­ woman had incurable disease; husband wanted to help end her life with dignity
but court ruled he could not and would face a prison sentence.

This defence is found under section 76 of the Criminal Justice and Immigration Act 2008, there are
two scenarios…

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Rhian Nicole Mason

A mistaken belief caused by voluntary intoxication cannot be relied upon as a defence.

O'Grady (1987) ­ Hit friend over the head whilst drink due to believing he was going to kill him,
the defence of selfdefence failed.


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