Insanity 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: __JessCreated on: 14-06-22 19:14 Criteria for insanity A defect of reason. Arising from a defect of mind. So that they did not know the nature and quality of their act OR They did not know what they were doing was wrong. 1 of 5 Defect of reason A temporary distraction or absentmindedness will not suffice. R v Clarke D stole goods from a supermarket and said she was absentminded at the time due to depression. This is not sufficient. 2 of 5 Disease of the mind A legal definition, not a medical definition. Defined in R v Sullivan. D kicked a man when he was having an epileptic fit. Epilepsy is an internal factor, and thus, a disease of the mind. A disease of the mind is a disease affecting the mental faculties of reason, memory and understanding, and cannot arise from an external cause. 3 of 5 Nature and quality of an act The defendant must be able to recognise what they were physically doing and what the physical consequences would be. 4 of 5 Wrongful act Does the defendant know that their actions are legally wrong, not morally wrong. R v Windle. On being arrested, the D said "I suppose I'll hang for this." This showed that he knew his actions were legally wrong. 5 of 5
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