AQA A2 Law Unit 3 - Defences - Insanity

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  • Created by: Amy
  • Created on: 25-02-14 16:57

1. Was there a Mens Rea?

  • They knew what they were doing, just didn't know it was wrong
  • Didn't know what they were doing
  • Did know what they were doing and knew it was wrong
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2. When can the insanity plea not be used

  • GBH S18, as its a specific intent crime
  • Strict liability, as it requires a mens rea
  • Strict liability, as it requires an Actus Reus

3. What does the case of Kemp outline?

  • Insanity can be temporary
  • Insanity must be permanent
  • Insanity cannot be an external factor

4. What does the case of McNaghten 1843 outline?

  • 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
  • Defect of rights, caused by disease of the mind, defendant is aware that the nature and quality of the crime is wrong

5. Why did the insanity plea fall in the case of Windle?

  • As he stated " ill hang for this" meaning he understood what he had done
  • As he was not insane by Legal terminology
  • As his insanity was only temporary

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