Non-fatal offences defences

Insanity: Where is the law on insanity contained?
s.2 of the Trial of Lunatics Act 1883
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What is insanity before trial?
Home Sec. has power to detain obviously insane people in custody in mental hospital.
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What is unfitness to plead?
D is mentally unfit to plead, decided by special jury
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What first two points must be satisfied for unfitness to plead?
D cannot understand the charges, D is unable to decide whether to plead guilty or not
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What are the next two points for unfitness to plead?
D cannot exercise his right to challenge jurors or instructing solicitors or counsel
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Last two?
D cannot follow the course of his own proceedings or give evidence in his defence
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What happens if D is found unfit to plead?
A second jury is empanelled to decide whether the D committed the actus reus of the offence
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What happens if they find the defendant did not commit the actus reus of the offence?
D is acquitted and that is the end of the matter
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When do the M'Naghten rules apply?
Determining whether D was insane at the time of the offence
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First requirement of M'Naghten rules
A defect of reason
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Second requirement of M'Naghten rules
Defect of reason must be caused by a disease of the mind
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Third requirement of M'Naghten rules
Defect of reason must be such that the defendant did not know what he was doing or did not know the act was wrong.
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R v Clarke (defect of reason)
Woman puts items in her bag while shopping without recollection, suffering from depression, insanity.
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R v Kemp
Man beat his wife with a hammer. Suffering from arteriosclerosis
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R v Burgess
D smashed a bottle over a woman's head while asleep, sleepwalking held to be within M'Naghten rules
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R v Windle
D killed his wife, was suffering from a mental condition. Said "I suppose they'll hang me for this", demonstrated he knew what he was doing was wrong/
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Other cards in this set

Card 2

Front

What is insanity before trial?

Back

Home Sec. has power to detain obviously insane people in custody in mental hospital.

Card 3

Front

What is unfitness to plead?

Back

Preview of the front of card 3

Card 4

Front

What first two points must be satisfied for unfitness to plead?

Back

Preview of the front of card 4

Card 5

Front

What are the next two points for unfitness to plead?

Back

Preview of the front of card 5
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