AQA A2 Law Unit 3 - Defences - Insanity

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

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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