LAW P1 CASES (insanity)

Question 1

What is the case for the first requirement of insanity?

Answer 1

• R v Clarke, absent mindedness is not sufficient for a defect of reason

Question 2

What is the case for the second requirement of insanity?

Answer 2

• R v Kemp, a physical disease can be a disease of the mind if it affects the defendants memory

Question 3

What are the 2 cases for the third requirement of insanity?

Answer 3

• R v Oye (not knowing the nature and quality of act), the defendant did not know the nature of his acts
• R v Windle (not knowing the act is wrong), the defendants statement was evidence that he knew what he was doing was wrong

Question 4

What is the case for a hospital order verdict?

Answer 4

R v Hennessy, the court found that D should be detained under a hopsital order because of his mental health condition

Question 5

What is the case for a supervision order verdict?

Answer 5

R v M’Naughten, if D is found insance but does not require detention in a hospital, a supervision order might be imposed

Question 6

What is the case for an absolute discharge verdict?

Answer 6

R v Johnson, there is no need for further detention or supervision if D is no longer considered dangerous