Insanity 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: oliviamaex0Created on: 30-11-21 12:58 What is the Key Case for Insanity M'Naughten 1 of 15 How many medical experts are required to prove insanity? 3 2 of 15 Why is Insanity a 'Special Verdict'? - If Insanity successful they receive a special verdict of 'not guilty by reason of insanity' 3 of 15 What happened before 1991? If proved Insanity, was given an automatic, indefinite hospital order potentially for the rest of your life 4 of 15 What did the Criminal Procedure Act 1991 amend? - Gave judges more discretion - To take stigma away from insanity defence 5 of 15 What is Element 1 of Insanity? Defect of Reason, meaning the D is not capable of reasoning at all 6 of 15 What is the Case for Element 1? R v Clarke 7 of 15 What is Element 2 of Insanity? Disease of Mind 8 of 15 What does Disease of Mind include? - Diabetes (R v Quick) - Epilepsy (R v Sullivan) - Sleepwalking (R v Burgess) 9 of 15 What is Element 3 of Insanity? Nature & Quality, the D does not know the nature & quality of the act 10 of 15 What are the questions relating to Nature & Quality? - The D was in a state of unconsciousness or impaired consciousness - If the D was conscious they do not understand or know what they are doing 11 of 15 What is Element 4 of Insanity? There Act was Wrong 12 of 15 What was the initial meaning of Element 4? The D knew the act was wrong 'according to the ordinary reasonable standard adopted by a reasonable man' 13 of 15 What did the courts change the meaning of Element 4 to? Did the D know the action was legally wrong? 14 of 15 What are the 2 cases for Element 4? - Windle - R v Oye 15 of 15
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