Insanity

Question 1

Origin

Answer 1

M’Naghten 1843
-general defence/complete
-not guilty by reason of insanity
-mental capacity of D
-internal

Question 2

3 circumstances that will happen

Answer 2

s24 domestic violence, crime and victim act 2004
-hospital
-supervision
-absolute discharge

Question 3

Elements

Answer 3

-defect of reason
-disease of the mind
-caused D to not know the nature and quality of there act
-didn’t know it was legally wrong

Question 4

defect of reason

Answer 4

-R v Clarke: must be deprived not simply fail to use such powers

Question 5

Disease of the mind

Answer 5

Legal term not medical
-R v Kemp: epilepsy
-R v Quick: diabetic fail
-R v Hennessy
-R v Burgess: sleepwalking

Question 6

Not know the nature and quality of there act

Answer 6

-R v Oye: police had bad spirit and was standing on roof
-Codere 1916: cut throat thought it was bread

Question 7

didn’t know it was legally wrong

Answer 7

-R v Windle: hang me for this

Question 8

Irresistible impulses

Answer 8

-1925 established to was irrelevant
But Bryne 1960