Non-fatal offences defences 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: PatrickWhitefordCreated on: 03-11-18 16:51 Insanity: Where is the law on insanity contained? s.2 of the Trial of Lunatics Act 1883 1 of 16 What is insanity before trial? Home Sec. has power to detain obviously insane people in custody in mental hospital. 2 of 16 What is unfitness to plead? D is mentally unfit to plead, decided by special jury 3 of 16 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 4 of 16 What are the next two points for unfitness to plead? D cannot exercise his right to challenge jurors or instructing solicitors or counsel 5 of 16 Last two? D cannot follow the course of his own proceedings or give evidence in his defence 6 of 16 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 7 of 16 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 8 of 16 When do the M'Naghten rules apply? Determining whether D was insane at the time of the offence 9 of 16 First requirement of M'Naghten rules A defect of reason 10 of 16 Second requirement of M'Naghten rules Defect of reason must be caused by a disease of the mind 11 of 16 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. 12 of 16 R v Clarke (defect of reason) Woman puts items in her bag while shopping without recollection, suffering from depression, insanity. 13 of 16 R v Kemp Man beat his wife with a hammer. Suffering from arteriosclerosis 14 of 16 R v Burgess D smashed a bottle over a woman's head while asleep, sleepwalking held to be within M'Naghten rules 15 of 16 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/ 16 of 16
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