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6. Was there a Mens Rea?

  • Did know what they were doing and knew it was wrong
  • They knew what they were doing, just didn't know it was wrong
  • Didn't know what they were doing

7. What must the show at the time of the crime?

  • That he was insane during the crime, with medical evidence
  • That he was insane after the crime
  • That he had been insane at some point, shown by medical documents

8. Which cause outlines Defect of Reason?

  • Clarke - D walked out of the supermarket without paying - Absent-mindedness is not insanity
  • Clarke - D stole an item and tried to plead insanity - As she was aware that she was wrong no insanity
  • Kemp - Had an episode that caused him to hammer his wife - Insanity

9. What sentence may be given to someone if they are not guilty of murder by reasons of insanity?

  • Hospital order with restricted discharge
  • Guardian Order
  • Absolute discharge

10. 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

11. What does the case of Kemp outline?

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