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Four Key Elements: Defect of reason, disease of the mind, nature and quality of the act and know that their act was legally wrong

Defect of Reason: D is not capable of reason (Clarke)

Disease of the mind: legal not a medical term and is the main reason why insanityt has come into so much criticism over the years. It doesnt have to be in the mind and it can be temporary

Problem with Diabetes: it has to be internal for a plead for insanity

Nature and Quality of the Act: generally means two things:

  • D was in a state of unconciousness or impaired conciousness
  • If the D was concious they do not understand or know what they are doing

Know their act was legally wrong: it was adopted by the courts that it was for the act to be legally wrong according to an ordinary reasonable standard by a reasonable man (Windle)

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