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Defences (Unit 3) (Insanity (1. Defect of reason (This is also more than…
Defences (Unit 3)
Insanity
Defendants are presumed sane, unless they can prove Insanity
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The main rules of this defence, are based on the case of M'Naughten
In this case, the D was a paranoid man who believed that the government were out to get him, this made him attempt to take the life of an MP, but instead killed her secretary.
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1. Defect of reason
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If D has the capacity BUT does not use it, this is NOT a defect of reason
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2. Disease of the mind
This is a legal definition, not medical
Kemp
Hardening of arteries effected blood to the brain. In an episode of loss of consciousness and hit wife. D had defence.
This also includes..
Diabetics
Hennessy
D committed motor offences, but had no memory of it
Sleepwalkers
Burgess
D attacked V during sleep (sleepwalking), bc it was an internal cause, defence applied
It is required that the cause is an internal one, cannot be external (Quick)
Epileptics
Sullivan
51 year old D attacked 80 year old man due to epilepsy = impairment does not have to be permanent, only to exist at time of the offence.
3. Not knowing the nature/quality of the act, or that it is legally wrong
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The wrong must be known legally, not morally
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