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Definitions Flashcards

(4 cards)

1
Q

What is insanity?

A

M’Naughten - to establish a defence on the grounds of insanity, it must be clearly proved that, at the time of the act, the party accused was labouring under such a defect of reasoning; or if he did know it, that he did not know he was doing what was wrong

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2
Q

Verdict of defence against insanity?

A

Defendant must prove in the balance of probabilities that he/she is insane and, if the test is met, the judge returns a special judgement of “not guilty by reason of insanity”

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3
Q

What is automatism?

A

Lord Denning defined automatism in R v Bratty as “an act is done by the muscles without any control by the mind (such as spasm, reflex actions or a convulsion) or an act done by a person who is not conscious of what he is doing (sleeping or suffering from concussion)

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4
Q

Verdict of automatism

A

No special verdict for automatism as the outcome is full acquittal

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