Insanity Flashcards

1
Q

To use insane automatism as a defence, D must…

A

Be insane at he committed the act. INTERNAL CAUSE

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2
Q

McNAUGHTON RULES

A

When you commit a crime you must be suffering from a:

Defect of reason - CLARKE SULLIVAN
COMPLETE LOSS of the power of reasoning

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3
Q

The defect must be caused by a disease of the mind (INTERNAL)

A
  • Epilepsy - SULLIVAN
    “Any condition which impairs the mental facilities of reason, memory, and understanding”
  • Diabetes:
    hyper - HENNESSY - Insane automatism
    hypo - QUICK - Non insane automatism

OIR:
Schizophrenia / paranoia
Sleepwalking - BURGESS

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4
Q

Because of the defect, D must not…

A

Know the nature and quality of his act - BRATTY

OR

If he did know he must not realise that it is legally wrong - JOHNSON

APPLY ONE

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