insanity

Cards (9)

  • defendant could be guilty of insanity which is a full defence
  • the outcome is not guilty by reason of insanity
  • burden of proof is on the defence
  • must prove that the d was suffering from insanity based on the balence of probabilities
  • rules of insanity are set out in M'Naughten
  • must be - defect of reason, disease of the mind, not know the nature and quality of the act
  • more than absent mindedness - clarke
  • can be permenant or temporary - sullivan
  • is a legal term not a medical one - kemp