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7 Cards in this Set

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  • Back
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M'Naughten rules- Insanity

• Everyone is presumes to be sane until proven insane.


• Must ask 3 questions (Sullivan- epileptic charged with GBH).

S

Defect of reason- Insanity

• Reasoning must be impaired (Clarke- absent-mindedly).


• Unable to control impulses means reasoning power is not not lost (Kopsch).


• Impulses are 'abnormality of mind' in diminished responsibility.

C K

Disease of the mind- Insanity

• Violence and prone to reoccur (Burgess- sleep-walking).


• Affects mind but not necessarily the brain, internal factor (Kemp- arteriosclerosis leading to blackouts).


• Continuing danger theory and external cause theory.

B K

D doesn't know nature & quality of acts- Insanity

• Doesn't know it's legally/morally wrong (Codere- convicted of murder).


• Nature= physical aspect (Parks- sleep disorder murder).


• Quality= morality (Windle- 'I suppose they will hang me for this').


• Jury test.

C P W

Involuntary act- Automatism

• Insane/non insane automatism (Bratty- defined automatism, strangled a woman due to epilepsy).


• Insane- cause is disease of the mind (insanity) (Hill v Baxter- drove through a stop sign, 'swarm of bees').


• Non-insane- cause is external (automatism) (T- D was raped then took part in a robbery).

B HvB T

External factors- Automatism

• Includes reflex actions, spasms or convulsions (Kay v Butterworth- fell asleep at wheel due to sudden illness).


• Includes blow to head, sneezing, hypnotism etc (Hill v Baxter).


• Not prone to reoccur (Kay v Butterworth).

KvB HvB

Must not be self-induced- Automatism

• D knows his conduct is likely to bring on an automatic state (Bailey- diabetic failed to eat and became aggressive) (Hardie- set wardrobe on fire after taking valium).


• Specific intent- can be a defence (lacks MR) (Majewski).


• Basic intent- can't use if reckless.

B H M