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Criminal Law - GenD
General Defences: Insanity
Question | Answer |
---|---|
M'Naghten Rules | Defect of reason from disease of the mind and doesn't know nature of their act or doesn't know that it is wrong |
Insanity remedy | secure hospital/medication/absolute discharge |
Bratty | Epileptic seizure resulted in an assault |
Clarke | Mere absent-mindedness or confusion is not insanity (Shoplifter says they forgot to pay) |
Kemp | D has condition (arteriosclerosis) that stops blood flow causing blackouts - defence applied when killed wife with hammer |
Burgess | D injured girlfriend while sleepwalking - internal factor so defence applied |
Hennessy | Diabetic took a car after failing to take insulin and enters hyperglycaemic state - defence applies |
Windle | D suffered from a mental disorder and killed wife. Defence fails as he knew it was wrong: "I suppose they shall hang me for this" |