insanity defence Flashcards
(4 cards)
what is the intro?
Defendent may have a defence of insanity under the rules in M’naghten.
What is the first element to be proved?
Firstly, it must be proved that the defendant suffered from a defect of reason, which means that Ds powers of reasoning must be impaired. being temporarily confused or absent minded will not qualify ( clarke).
what is the second thing to prove? case?
Next, it must be proved that the defect of reason was caused by a disease of the mind. This could be a result of the mental or physical condition affecting D’s ordinary mental faculties of reason, memory, and understanding(Kemp).
What is the third and final element? case?
Lastly, it must be proved that D does not know the nature and quality of his act, or if he/she does know it, does not know that it is legally wrong. (Windle)
