element 3 of insanity

• The fact that the defendant doesn't know the nature and quality of their act refers to the physical character of the act. there are two in which the defendant may not know the quality and nature of their act:

  1. They are unconscious or have impaired consciousness
  2. The defendant is conscious, but due to their mental condition, they do not understand or know what they are doing.
• what is the significance of the case of r v Oye?

  it gives an example of where the defendant didn't know the nature and quality of their actions
• what case gives an example of where the defendant didn't know the nature and quality of their actions?

  r v oye
• where the defendant knows the nature and quality of the act, they can still use the defence of insanity if they do not know that what they did was wrong. Wrong in this sense means legally wrong and not morally wrong. If the defendant knows the nature and quality of the act and that it was legally wrong, they cannot use the defence of insanity, even if the Defendant had a mental illness.
• WHich case shows that where the defendant knows the nature and quality of the act, they can still use the defence of insanity if they do not know that what they did was wrong. Wrong in this sense means legally wrong and not morally wrong. If the defendant knows the nature and quality of the act and that it was legally wrong, they cannot use the defence of insanity, even if the Defendant had a mental illness. ?

  r v Windle
• What is the significance of the case of r v WIndle?

  It shows that where the defendant knows the nature and quality of the act, they can still use the defence of insanity if they do not know that what they did was wrong. Wrong in this sense means legally wrong and not morally wrong. If the defendant knows the nature and quality of the act and that it was legally wrong, they cannot use the defence of insanity, even if the Defendant had a mental illness.
• what is element three of insanity?

  The defendant didn't know the nature and quality of their act, or didn't know that what they were doing was wrong as a result of their disease of the mind