Insanity is where a def was suffering from a defect of reason which was caused by a disease of the mind and the def did not know the nature and quality of the act, or, the def did not know the act was wrong
1 of 13
Clarke (1972)
Lord Ackner: The def must have been ‘deprived of the power of reasoning’-a failure to use powers of reasoning due to forgetfulness or absentmindedness was not sufficient
2 of 13
Kopsch (1927)
An inability to control emotions or impulses does not support a defence of insanity because it is not a defect of reason
3 of 13
Kemp (1957)
Devlin J: The defect of reason must be caused by a disease of memory and understanding
4 of 13
Kemp (1957)
A disease of the mind is any disease affecting the ordinary mental faculties of reason, memory and understanding-the disease of the mind can be temporary or permanent, curable or incurable
5 of 13
Bratty (1963) and Sullivan (1984)
A disease of the mind is one caused by internal factors
6 of 13
Quick (1973)
Blackout was caused by taking of insulin which is an external factor, and thus is not a disease of the mind, therefore automatism was approp defence
7 of 13
Sullivan (1984)
Epilepsy is deemed to be a disease of the mind because it is caused by internal factors
8 of 13
Hennessey (1989)
Def suffering from stress and anxiety-committed offence during state of hyperglycaemia (caused by not taking insulin or eating), and thus, amounted to insanity as stress and anxiety are internal factors
9 of 13
Quick (1973)
Hypoglycaemia is caused by the external factor of taking insulin and not by the diabetes itself-thus, gives rise to defence of automatism
10 of 13
Burgess (1991)
Sleepwalking is deemed a disease of the mind as it is caused by internal factors of stress and anxiety
11 of 13
Codere (1917)
The def must not understand the physical nature and quality of his act
12 of 13
Windle (1952)
If def realised what he was doing was against the law, then the defence will fail- CA: the jury cannot and should not be asked to consider whether def’s actions were morally right/wrong-the test is whether the def knew his actions were contrary to la
13 of 13
Other cards in this set
Card 2
Front
Lord Ackner: The def must have been ‘deprived of the power of reasoning’-a failure to use powers of reasoning due to forgetfulness or absentmindedness was not sufficient
Back
Clarke (1972)
Card 3
Front
An inability to control emotions or impulses does not support a defence of insanity because it is not a defect of reason
Back
Card 4
Front
Devlin J: The defect of reason must be caused by a disease of memory and understanding
Back
Card 5
Front
A disease of the mind is any disease affecting the ordinary mental faculties of reason, memory and understanding-the disease of the mind can be temporary or permanent, curable or incurable
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