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Mental Illness or Insanity as a Complete D efence

Mental Illness or Insanity as a Complete D efence. Liam & Sarah. Mental illness or insanity as a defence.

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Mental Illness or Insanity as a Complete D efence

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  1. Mental Illness or Insanity as a Complete Defence Liam & Sarah

  2. Mental illness or insanity as a defence • Mental illness or insanity is a complete defence that is only available where the accused can prove that they were in fact mentally incapacitated when they committed the offence. The defense relates to the mensrea of the accused - that they were not criminally responsible for their actions and so could not have formed the necessary mensrea. The defense of insanity is very difficult to prove but enables the accused to claim that they were not aware of, or able to comprehend, the nature or consequences of their act at the time the crime was carried out. Where the defense of mental illness succeeds, the accused may be found not guilty on the grounds of insanity.

  3. Mental illness or insanity as a defence • To establish that the accusedwas mentally ill so as not to be responsible according to law for [his/her] act/omission, the accusedmust show that, as a result of a defect of reason from a disease of the mind, [he/she] did not appreciate the nature and quality of that physical act [or that [he/she] did not know that it was wrong]. • What then is meant by a “disease of the mind” which produces such a defect of reason? The law requires that the accused’sstate of mind must have been one of disease, disorder or disturbance arising from some condition which may be temporary or of long standing, whether curable or incurable. Such a condition may have been caused by some physical deterioration of the brain cells, but need not necessarily be so caused.

  4. Case example • R v. Bobbitt 1993 • Lorena Bobbitt claimed that her husband had sexual intercourse without consent • This was dismissed as there was no evidence • Later in the night Lorena went to the kitchen and grabbed a knife, and proceeded to cut off his entire penis. • Lorena was suffering from clinical depression and post traumatic stress disorder (PTSD) due to the constant sexual, verbal and physical abuse from her husband. • After seven hours of deliberation, the jury found Lorena not guilty due to insanity causing an irresistible impulse to sexually wound her husband. As a result, she could not be held liable for her actions.

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