1. What does the case of McNaghten 1843 outline?
- Defect of rights, caused by disease of the mind, defendant is aware that the nature and quality of the crime is wrong
- Defect of Reason, caused by a disease of the mind, Defendant doesn't know that the nature or quality of the act is wrong
- Defect of reason, caused by illness or injury, defendant doesn't know that they are wrong
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2. What does the case of Kemp outline?
- Insanity cannot be an external factor
- Insanity can be temporary
- Insanity must be permanent
3. When can the insanity plea not be used
- Strict liability, as it requires a mens rea
- Strict liability, as it requires an Actus Reus
- GBH S18, as its a specific intent crime
4. Which Act is used when a person is "not guilty by reasons of insanity?"
- Criminal Justice Act S19(a) 1991
- Criminal Procedures Act ( Insanity and Unfit to Plea) 1991
- Psychological impairment and pleading Act 1993
- Insanity and Mental health Act 1998
5. Disease of the mind must be the what terminology?, Which case outlines this?
- Legal - Bratty
- Legal - Sullivan
- Medical - Kemp
- Judges - Burgess
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