Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
Institution
AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for insanity in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law pertain...
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Insanity Exam Technique
Insanity (IDEA Structure)
I However, the defendant may be able to use the defence of insanity.
D Insanity is defined by the M’Naghten (1843) Rules and sets out three
elements.
E The first element is the defect of reason. R v Clarke (1972) states you
must be unable to use reason, not just a failure to use it.
A In this case… (Apply to case).
E The second element is a disease of the mind. Bratty v A-G For NI
(1963)/R v Sullivan (1984)/R v Burgess (1991) states this must be some
internal disease that affects the mind. R v Kemp (1957) states the
disease can be temporary.
A In this case… (Apply to case).
E The third element is so that D does not know the nature and quality
of his act or does not know that what he was doing was wrong as
stated in R v Windle (1952).
A In this case… (Apply to case).
C Overall, the D is guilty/not guilty by reason of insanity.
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