Insanity Flashcards
(5 cards)
Definition
D must be labouring from a defect of reason from a disease of the mind and must either not know the nature and quality of the act or does not know what he or she is doing wrong
Insanity
Insanity is a complete defence
Defect of reason
D’s powers of reasoning are impaired (Clarke)
Disease of the mind
The defect of reason must be due to a disease of the mind , a legal term not a medical one.
Must be internal ( quick)
Sleep disorder ( burgess)
Failing to take insulin ( Hennessy)
Temporary loss of consciousness ( kemp)
Epliplsey ( Sullivan)
D does not the know nature
D is in a state of unconsciousness or is conscious but does not understand his act because of the mental condition ( R v Oye)