According to the case of Loake v DPP, insanity can be a defence to a strict liability offence if the person does it because of a delusion being the nature and quality of the act.
A defect of reasoning means that the defendant's reasoning power was impaired. If the defendant is capable of reasoning, but has failed to use those powers, it is not a defect of reason.
what case decided that a defect of reasoning means that the defendant's reasoning power was impaired. If the defendant is capable of reasoning, but has failed to use those powers, it is not a defect of reason?
r v Clarke
What is the significance of the case of r v clarke?
It was decided in this case that a defect of reasoning means that the defendant'sreasoning power was impaired. If the defendant is capable of reasoning, but has failed to use those powers, it is not a defect of reason.
what case decided that the rules of insanity do not apply to people who simply have moments of confusion or absent-mindedness?
r v Clarke
What is the significance of the case of r v Clarke in terms of people with moments of confusion or absentmindedness?
In this case, it was decided that the rules of insanity do not apply to people who simply have moments of confusion or absent-mindedness
what is element two of insanity?
The disease of the mind must cause a defect of reason, causing the D to be incapable of exercising powers of reason