Law P1 SB > Insanity > Flashcards

Insanity Flashcards

(17 cards)

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1
Q

What is insanity?

A

Labouring under such a defect of reason, from a disease of the mind, as to not know the nature and quality of the act or if he did, he didn’t know what he was doing was wrong

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2
Q

Where is insanity set out?

A

M’Naghten

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3
Q

What are the 3 key elements?

A
  • Defect of reason
  • Resulting from a disease of the mind
  • Causing D not to know EITHER the nature and quality of their act OR what they did was wrong
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4
Q

Defect of reason

A

Must be more than a momentary confusion (although it can be temporary) and amount to a complete deprivation of reasoning power

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5
Q

Case for defect of reason

A

Clarke

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6
Q

Disease of the mind

A

Defect of reason must be due to a disease of the mind, can be mental or physical (has to be internal factor)

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7
Q

Case for disease of the mind

A

Kemp

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8
Q

Case for epilepsy (disease of the mind)

A

Sullivan

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9
Q

Case for diabetes (disease of the mind)

A

Hennessy

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10
Q

Voluntary intoxication

A

Where D suffers a psychotic episode due to voluntary intoxication, this would be an external factor so would not apply

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11
Q

Case for voluntary intoxication

A

Coley

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12
Q

Not knowing the nature and quality of the act

A

Where D is not fully conscious, or if conscious, D doesn’t understand or know what they are doing

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13
Q

Case for not knowing the nature and quality of the act

A

Oye

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14
Q

Not knowing the act was wrong

A

D knows nature/quality of their actions, but do not know their actions are legally and morally wrong

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15
Q

Case for not knowing the act was wrong

A

Keal

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16
Q

What does a ‘special verdict’ of not guilty by reason of insanity result in (for non-murder cases)?

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A

A hospital order, a supervision order or an absolute discharge

17
Q

Where is the special verdict set out?

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A

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

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