click below
click below
Normal Size Small Size show me how
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" |