Special Study Question 3

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Question 3

  • Look at scenario and decide if internal or external

Internal

- Refer to M'Naghten rules and apply them

- Was D suufering from a defect of reason (deprived of the power of reasoning) or was it mere absent-mindedness/forgetfulness?

- Was it caused by a DoM? - Look at type of injury/disease and decide/apply - It may still be a physical illness causing blackouts, eg as in Kemp.

- Did D understand the nature and quality of his act - ie was D in a state of…

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