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Defences
Insanity
Insane automatism
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Created by
Maddie
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Cards (11)
Where does it come
from?
Criminal Procedure
Act
1991-
sentencing guidelines
R v Quick?
Insulin, didn't manage food
episode he blacked out
not insanity but automatism- insulin is an
external reason
What is the test for insanity?
1)defect of reason
2)disease of the mind
3)not aware of nature/ quality or didn't know was doing something legally wrong
R v Clarke?
confusion due to
depression
, removed items from basket and walked out
shop
defence workes-
depression
caused defect of
reasoning
What does defect of reason mean?
At the time of committing crime, mental
faculties
were
defective
R
v
Hennessey
?
disease which affects
functioning
of the
mind
Disease of mind?
any medical condition as long as other areas are satisified
Bratly
Strangled V- claimed it was due to condition
Found to be
guilty
R V Kemp?
struck v with hammer, hardening of arteries resulted in unconsciousness
not guilty- physical condition
R V Johnson
?
Suffered
paranoid
schizophrenia, thought neighbour was
guilty
of crime
knew
murder
was
illegal
defence
failed
What does nature show ?
not denying of mens rea but need proof that even with one didn't understand act