- Look at scenario and decide if internal or external
- 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…