Complete defences Flashcards
Insanity - requirements (3)
(1) A person is labouring under a defect of reason, which results from
(2) Disease of the mind, and either:
(3a) They don’t understand the nature of the act their doing, OR
(3b) They don’t understand that what they’re doing is wrong
The rules that set out the requirements for insanity are called the…
…M’Naghten rules
For insanity, case that shows that “defect of reason” must be more than mere absent-mindedness
R v Clarke (1972)
For insanity, “disease of the mind” can include…
Epilepsy (R v Sullivan), diabetes (R v Hennessy) and sleepwalking (R v Burgess)
Case in which a man had hardening of the arteries which caused temporary blood loss to the brain, which was considered a “disease of the mind” for insanity
R v Kemp (1956)
Case in which a man with a mental disorder who killed his wife said “I suppose they will hang me for this” - and what did it show?
R v Windle (1952)
It showed he did know his actions were legally (even if not morally) wrong, so he couldn’t use the defence of insanity
Special verdict given when insanity plea is made out
“Not guilty by reason of insanity”
Judge’s options if a person is held not guilty by reason of insanity
(1) Hospital order (2) Supervision order (3) Absolute discharge
Self-defence - requirements (2)
(1) D believed it was necessary to use force (subjective test)
(2) The force that D used was reasonable (objective test, taking the the facts as D saw them)
Duress - requirements (6)
(1) There is a threat of death / serious injury
(2) The threat is against D or someone close to them
(3) D acted reasonably in light of the threats, judged objectively
(4) The threats relate directly to the crime committed
(5) D could not have taken evasive action
(6) D has not voluntarily laid himself open to the threats (e.g., by joining a gang)
