brief summary on insanity 

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  • Created by: Trish
  • Created on: 05-01-11 13:31
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Insanity is a full defence is based upon the M' Naghten Rules, which says that every man is presumed
sane. For insanity it must be proven that D was suffering from a defect of reason. This means that D is
deprived of the ability to reason, and incapable of rational thoughts. In Clarke, forgetfulness and
eccentricity was not enough for defect of reason. Any defect of reason must be caused by disease of
the mind. The disease of the mind must cause the mental faculties to be impaired, but it does not
have to be located in the brain. In Kemp, D had atherosclerosis that caused him to have blackouts. The
disease of the mind must be caused by an internal factor, like the epilepsy in Sullivan, or the
hyperglycaemia in Hennessy. D must also not know his acts in the law are wrong in the law. In Windle,
D suggested he knew that he would be hanged for killing his wife, therefore he was not insane.


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