Defence - Insanity

Question 1

Which case founded definition of Insanity and what are they

Answer 1

M’Naghten Rules [1843]

D has a disease of mind

Leased to a defect of reason

D does not know nature and quality of act is wrong

Question 2

Which case decided has the burden of proof

Answer 2

Woolmington v DPP

Burden of proof on the defence on the balance of probabilities

Question 3

Name two cases of Insanity

Answer 3

Sullivan

Every man presumed the same unless it can be proven he has a disease of mind which led to defect

Burgess

Sleepwalking

Question 4

What was decided in the case of Clarke [1972]

Answer 4

Defect of reason means an impairment of d’s powers of reasoning as opposed to failure to use

Question 5

Case which looked at disease of mind

Answer 5

Kemp

Disease of mind can be permanent or transitional

Affects intellectual or cognitive capacities

Question 6

Which case looked at moral legal nature

Answer 6

Codere

Physical nature not moral legal nature

Defence will succeed id D did not know legally and morally wrong

Question 7

Two further cases of Insanity

Answer 7

Windle

Exception rule of ignorance

Johnson

Knew act was illegal