Law 03 Defences Insanity


Case to support insanity?

M'Naghten - Sanity if presumed unless M'Nagthen test is passed

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Case to support defect of reason?

Clarke - D must be unable to reason at the time of the offence. this cases shows that it must be more than absentmindedness when D commited the act 

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Cases to support a disease of the mind?

Legal concept 

Hennessey - An internal factor is insanity, eg forgetting to take insulin so diabetes caused the defect of reason and is there for an internal factor 

Burgess - Sleepwalking is an internal factor that causes defect of reason so instanity is used

Kemp - Reduced blood flow to the brain causing lapses of conciousness can lead to insanity being the defence used

Sullivan - Epilepsy can be considered a disease of the mind 

Johnson - Paranoid schizoprenia is a disease of the mind 

Alcholism can be considered a disease 

Quick - An external factor is automatism, ie failure to take food after taking insulin caused a loss of control: it was considered an external factor so automatism was teh defence 

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Cases to support nature/wrongness of the act?

Burgess - Did not know the nature of the act as he was sleepwalking 

Sulivan - Did not know the nature of the act during an epileptic fit

Kemp - Did not know th enature of the act during lapsed conciousness 

Windle - Knew his act was legally wrong as shown by his believing he woul dbe hanged 

Johnson - Despite the disease of the mind, the D knew his actions were legally wrong 

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Insanity and intox crossover

Lipman - Defect of reason through LSD failing as a defence and therefore instanity fails 

But: alcholism can be considered a disease 

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