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Mind map

Insanity Defence

Richie.Joseph Law A LEVEL English

Map content

Insanity Defence

  1. Elements of Insanity (M'Naghten)

    • iii.) Did not know nature/quality of act
      • D did not know what he was doing
      • Windle: D knew quality of act- getting hanged for this
    • i.) Defect of Reason
      • Definition: Inability to use powers of reason.
        • Must be more than confusion
      • Clarke: D did not choose to use defence, temporary absent-minded isn't insanity
    • ii.)Disease of the Mind
      • Disease caused malfunctioning of mind.
      • Kemp: Arteriosclerosis caused lapses of consciousness= Insanity
      • Bratty: Psychomotor epileptic seizure= Insanity
      • Sullivan: Minor epileptic fit= Insanity + Internal Factor
      • Burgess: Sleepwalking can be Insanity
  2. Definition: The D must prove that he was insane at time of offence.

    • Stated by Judge as "not guilty by reason of insanity"
    • 1991 Criminal Procedure Act- Judge must send D to:
      • Mental Hospital
      • Guardianship Order
      • Supervision order
      • Absolute Discharge

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Description
A LEVEL Law Mind Map on Insanity Defence, created by Richie.Joseph on 09/10/2014.
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Richie.Joseph
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a2 law
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