Insanity

?
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.
4 of 16
Name the case which failed on defect of reason?
Clarke.
5 of 16
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.
7 of 16
Name the case where Insanity was raised as D slept walked?
Burgees.
8 of 16
Name the case that supported diease of the mind insanity?
Hennessy (diabetic)
9 of 16
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.
12 of 16
Name the case for D not knowing hs nature and quality of his acts?
Codere.
13 of 16
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.
14 of 16
Name the case for knowledge that th act was wrong?
Windle + Johnson.
15 of 16
If D was intoxicated (external factor) D cannot plead insanity, name the case?
Lipman.
16 of 16

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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