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Insanity (Defence of insanity (you bear burden of proof, balance of…
Insanity
Defence of insanity
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current test - jury finds person committed act and heard evidence by psychiatrist - did not comprehend nature of the act
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Fitness to plead
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if not fit, trial postponed until you are fit
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test at common law
Doyle v Wicklow youth set fire to abbatoir to stop humans eating animals - irresistible impulse can be a defence
M'Naghten - is accused prevented by disease of the mind from knowing nature and quality of act is wrong
irresistible impulse
Attorney General v Brown irresistable a factor, not enough to be sole factor for insanity
DPP v Courtney - must be actually irresistible, not just diminished self-control or weakened rsistance
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