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9 Cards in this Set
- Front
- Back
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S1 CRIMINAL JUSTICE PROCEDURE (INSANITY AND UNFITNESS TO PLEAD) ACT 1991, s1- |
need evidence from 2 doctors and 1 must be an expert in mental disorders |
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Stage 1 |
Defect of reason-D’s powers of reasoning must be impaired/not able to reason |
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What is stage 2? |
Disease of the mind |
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examples of physical diseases |
epilepsy Hyperglycaemia hypoglycaemia Sleepwalking |
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Hyperglycaemia |
Hennessy-internal factor=Insanity |
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Hypoglycaemia |
Quick-external factor=Automatism |
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What is stage 3? |
Nature and quality of the act or knowledge that it’s wrong |
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What does stage 3 mean? |
D must either not understand the nature of and quality f their act, or not realise what they’re doing is wrong. |
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Windle |
If D knew he committed a legal wrong then the defence is not available. |
