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4 Cards in this Set
- Front
- Back
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Insanity may apply, is a mental capacity offence |
Rules based MNaghten rules 1843, 3 elements that need to be satisfied. Burden of proof on defence, must prove on balance of probabilities. |
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1) D must have defect of reason, means deprived powers of reasoning, more than absent mindedness or confusion (Clarke) APPLY |
2) defect of reason must be due to disease of mind. Legal test not medical, can be internal mental or physical which affects mind e.g delusional/ paranoid- MNaghten, hardening of arteries- Kemp, epilepsy- Sullivan, diabetes- Hennessy, sleep disorder- Burgess. |
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Diabetic not eating properly external cause= automatism (Quick). Intoxication external not disease of mind. APPLY |
3) not know nature and quality of act, means not understand/ know what is doing AND not know act is wrong in law (Oye, Windle) APPLY |
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If D proves insanity, special verdict ‘not guilty by reason of insanity’ given. Judge impose (mental) hospital order, supervision order, absolute discharge. |
Conclude |
