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Hint
Answer
1. Defect of Reason
x
Landmark case
M'Naghten
A defect of reason is an inability to reason - a complete impairment of reasoning abilities. Intertwined with the third criterion.
Clarke
.
x
2. Disease of Mind
x
The defect of reason must arise from a disease of mind, which is an internal condition affecting reason, memory or understanding. It can be physical or mental.
Kemp
The disease must be internal
Quick
Hint
Answer
The disease may be permanent or temporary, as long as it existed at the time of the offence
Sullivan
Diabetic psychosis is external if caused by medication and then forgetting to eat. It's internal if caused by insulin.
Henessy
PTSD is usually internal, but it can be external if it was shocking, recent, and closely linked to the crime
R v T
.
x
3. Nature and Quality of Act
x
D must either not know the nature and quality of what he was doing, or
Codere
If he did know, he must not have known it was illegal.