insanity

Cards (11)

what is the D saying in pleading insanity?
They are claiming that at the time they committed, they were insane and as such they were not aware of what they were doing.
What is the outcome of insanity being successfully plead?
Not guilty by reason of insanity, leading to a compulsory medical treatment order
what case defined the elements of insanity?
r v M'naughten 1843
what is element of the defence of insanity?
The defendant myst be suffering from a disease of the mind, resulting from an internal factor
what is the significance of the case of r v kemp?
Arteriolsclerosis and diseases of the body which impact the brain can count as internal factors that cause insanity
what is the significance of th case of r v sullivan?
It allows epilepsy as a qualifying internal factor for insanity
what is the significance of the case of r v burgess?
It allows sleepwalking as a qualifiying internal factor for insanity
what is element 2 of insanity?
The disease of the mind must cause a defect of reason
What is the significance of r v clarke?
Absentmindedness or confusion are not qualifying factors for insanity
what is element three of insanity?
The D doesnt know that the nature or quality of their act is wrong
What is significance of the case of r v windle?
the D must understand that they acted unlawfully