Insanity Flashcards
1
Q
R v M’Naghten + elements
A
R v M’Naghten Rule
Showcases rules of insanity
“In all cases every man is resumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes”
Definition of insanity – Elements
D must be under such a defect of reason
From a disease of the mind
Does not know the nature and quality of the act he was doing
Did not know what he was doing was wrong
2
Q
What were the consequences of being charged guilty and what are they now
A
Not guilty by reason of insanity
Prior to 1991 this finding meant that a judge had to send D to a mental hospital regardless of the cause of the insanity or the offence committed
This was amended by S.24 Domestic Violence, Crime and Victim Act 2004
Options now
- Hospital order (D can be released)
- Supervision
- Absolute discharge
- When its murder judge must impose an indefinite hospital order
3
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4
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5
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6
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7
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8
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9
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10
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