Insanity

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Insanity can be raised when D what?
Had a defect of reason, caused by a diease of the mind, not knowing the nature and quality of his act OR not knowing what he was doing was wrong.
1 of 16
If D raises the defence of insanity what does he have to prove his insanity on?
Balance of probabilities
2 of 16
Name the case for insanity?
M'Naghten.
3 of 16
What is the definition of diease of the mind?
Can be psychological or physical, has to be internal and causes a malfunctioning of the mind.
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Name the case which failed on defect of reason?
Clarke.
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What is the definition of defect of reason?
D's ability to think is impaired if D is actually capable of reasoningbut simply fails to do so at the time of the offence.
6 of 16
Name the case where insanity was raised as D had epilespy?
Sullivan.
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Name the case where Insanity was raised as D slept walked?
Burgees.
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Name the case that supported diease of the mind insanity?
Hennessy (diabetic)
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Name the case where insanity was raised as D had heart diease?
Kemp.
10 of 16
Define external factors under insanity?
Unable to think becuase of drugs, alcohol or other external factors - does not constitute in insanity.
11 of 16
Defin nature and quality of his act?
D did not physically know what he was doing and was not aware of the consequences.
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Name the case for D not knowing hs nature and quality of his acts?
Codere.
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Define knowledge that the act was wrong?
D may be found insane if it is proved that he did not know his act was wrong.
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Name the case for knowledge that th act was wrong?
Windle + Johnson.
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If D was intoxicated (external factor) D cannot plead insanity, name the case?
Lipman.
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Other cards in this set

Card 2

Front

If D raises the defence of insanity what does he have to prove his insanity on?

Back

Balance of probabilities

Card 3

Front

Name the case for insanity?

Back

Preview of the front of card 3

Card 4

Front

What is the definition of diease of the mind?

Back

Preview of the front of card 4

Card 5

Front

Name the case which failed on defect of reason?

Back

Preview of the front of card 5
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