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15 Cards in this Set
- Front
- Back
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What were the facts in R v M'Naghten (1843)?
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The defendant was suffering from paranoia.
Shot Sir Robert Peel's secretary. He was acquitted and the public were unhappy. The House of Lord's were asked to clarify the law on insanity. |
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What was the Law Derived from R v M'Naghten (1843)?
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This is where the M'Naghten Rules on insanity came from.
They are essentially the definition: "The defendant must be laboring under a defect of reason, from a disease of the mind and must either. not know the nature and quality of his acts or not know that what he was doing was wrong". |
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What were the facts in R v Kemp (1956)?
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The defendant suffered from hardening of the arteries.
This causes blackouts. During a blackout, he attacked his wife with a hammer causing G.B.H. |
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What was the law from R v Kemp (1956)?
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It was within the rules of insanity as his condition affected his mental reasoning, memory and understanding.
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What was the law from Bratty v Attorney General for Northern Ireland (1963)?
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Automatism defined as:
"An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep-walking". |
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What were the facts in R v Quick (1973)?
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The defendant, who was diabetic, failed to eat after taking some insulin which resulted in him assaulting someone.
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What was the law from R v Quick (1973)?
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This was an external cause (e.g. the effect of the drug) and so NOT insanity.
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What were the facts in R v Sullivan (1984)?
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The defendant had epilepsy for many years. It was known that during attacks he often tried to hurt people who tried to help him. On a friendly visit to a neighbor's flat, he injured an old man during one of these epileptic fits.
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What was the law from R v Sullivan (1984)?
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Insanity includes any organic or functional disease.
It also applies when the disease is temporary. |
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What were the facts in R v Hennessy (1989)?
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A diabetic took a car without permission after failing to take his insulin.
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What was the law from R v Hennessy (1989)?
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If the disease affects the mind then it is within the definition of insanity.
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What were the facts in R v T (1990)?
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The defendant was raped.
3 days later took part in robbery and assault. Claimed "post traumatic stress disorder". The judge allowed automatism to go to the jury. The defendant was convicted. |
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What was the law from R v T (1990)?
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It was accepted that exceptional stress could be an external factor which may cause automatism.
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What were the facts in R v Burgess (1991)?
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The defendant injured his girlfriend whilst sleeping.
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What was the law from R v Burgess (1991)?
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If the cause of Sleep-walking is internal, then it is a disease within the definition of insanity.
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