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7 Cards in this Set
- Front
- Back
- 3rd side (hint)
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
