Element 3: Not knowing the nature or quality of their act/ or if they did know, they didn’t know that it was wrong .
- (1)- People who don’t know what they are doing are usually people having delusions - Codere (1916)
- (2)- Unclear from the original guidance what “wrong “ meant (legally/morally?). The case of Windle (1952) told us that in English law it means legally wrong.
- Johnson (recent case) CA highly critical of the current law. Said legally wrong is unfair but wouldn’t change it. Matter for Parliament
- AO2: People like Mr Byrne who know what they are doing but cant control urges don’t get the defence