A2 - Law - The defence of insanity

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  • Created by: jkav
  • Created on: 15-06-16 21:47
M'Naghten (1843)
This case set out the test for the defence of insanity; there are three key areas of the test - defect of reason, disease of the mind, and the defendant does not know the nature and quality of his act.
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Clarke (1972)
A person who is confused or absent-minded is not insane; thus an absent-minded person putting things in her own bag rather than a supermarket basket may be not guilty of theft if the jury recognises she did not have the mens rea for theft.
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Kemp (1957)
Arteriosclerosis caused occasional lapses of consciousness in the defendant; whilst he was suffering from this, he killed his wife by hitting her with a hammer; this was treated as insanity.
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Bratty (1963)
Psychomotor epileptic seizure could amount to insanity
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Sullivan (1984)
Minor epileptic fit can amount to insanity rather than automatism, in law; automatism requires an external factor.
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Burgess (1991)
Sleepwalking can be a disease of the mind if caused by an internal factor.
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Windle (1952)
Defendant did know the nature and quality of his act, and that what he was doing was wrong, so he could not rely on the defence of insanity.
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Other cards in this set

Card 2

Front

A person who is confused or absent-minded is not insane; thus an absent-minded person putting things in her own bag rather than a supermarket basket may be not guilty of theft if the jury recognises she did not have the mens rea for theft.

Back

Clarke (1972)

Card 3

Front

Arteriosclerosis caused occasional lapses of consciousness in the defendant; whilst he was suffering from this, he killed his wife by hitting her with a hammer; this was treated as insanity.

Back

Preview of the back of card 3

Card 4

Front

Psychomotor epileptic seizure could amount to insanity

Back

Preview of the back of card 4

Card 5

Front

Minor epileptic fit can amount to insanity rather than automatism, in law; automatism requires an external factor.

Back

Preview of the back of card 5
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