General Defences: Insanity Definition, Cases, Elements, Advantages, Disadvantages, Sentencing and Reforms 4.0 / 5 based on 6 ratings ? LawLaw of TortA2/A-levelWJEC Created by: AnishaCreated on: 10-06-11 10:49 D attempted to assassinate the Prime Minster and killed his secretary instead M Naughten 1 of 23 What case supports this? Clarke 2 of 23 What happened in this case? D forgot to pay for her shopping 3 of 23 Was this enough to be a Defect of Reason? No 4 of 23 Is Diabetes a disease of the mind? Just Hyperglycaemia 5 of 23 What happened in Hennessy? D (diabetic) took car without consent and drove while disqualified, insulin had not been taken due to stress, depression& anxiety 6 of 23 What happened in Quick? D took insulin, didn’t eat enough 7 of 23 What case and factor? Disease of the nervous system- mental blackout Epilepsy- Sullivan 8 of 23 Is Sleepwalking accepted as a defence to Insanity? Only if your activity is caused by Internal factors 9 of 23 What case is used as evidence to support this? Burgess 10 of 23 What case is this? D wounded V while sleepwalking by hitting V with instruments Burgess 11 of 23 What is this? D was unconscious/impaired consciousness or if D was conscious, D doesn't understand or know what they were doing Nature and Quality 12 of 23 What does Windle support? That it was Wrong 13 of 23 D killed wife, who threatened suicide, D: <<I suppose they will hang me for this>> D knew it was legally wrong, what he thought was (morally) right Windle 14 of 23 If Ds plea is successful, D gets: Not guilty by reason of Insanity? Trial of Lunatics Act 1883 15 of 23 This was decided by: Criminal Procedure (Insanity&Fitness to Plead) Act 1991- as amended by s24 Domestic Violence Crime and Victims Act 2004 16 of 23 Judge can suit rehabilitation to D Advantage 17 of 23 May punish those who are actually ill (unsuccessful plea) Disadvantage 18 of 23 Judge has more freedom Advantage 19 of 23 Stigma attached, choose DR instead Disadvantage 20 of 23 Outdated- overlaps with Automatism Disadvantage 21 of 23 legal definition is not the same as the medical condition- confusing Disadvantage 22 of 23 Almost an excuse to kill, D still knew it was wrong Disadvantage 23 of 23
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