Insanity

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  • Created by: Edward
  • Created on: 22-02-16 12:30
M’Naghten (1843)
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
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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
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Kopsch (1927)
An inability to control emotions or impulses does not support a defence of insanity because it is not a defect of reason
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Kemp (1957)
Devlin J: The defect of reason must be caused by a disease of memory and understanding
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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
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Bratty (1963) and Sullivan (1984)
A disease of the mind is one caused by internal factors
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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
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Sullivan (1984)
Epilepsy is deemed to be a disease of the mind because it is caused by internal factors
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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
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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
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Burgess (1991)
Sleepwalking is deemed a disease of the mind as it is caused by internal factors of stress and anxiety
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Codere (1917)
The def must not understand the physical nature and quality of his act
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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
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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

Preview of the back of card 3

Card 4

Front

Devlin J: The defect of reason must be caused by a disease of memory and understanding

Back

Preview of the back of card 4

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

Back

Preview of the back of card 5
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