1B - Insanity Flashcards
What is insanity concerned with?
the mental capacity of the D
Is it a complete or incomplete defence?
complete - the D will be fully acquitted
What is the verdict when the D is found to be insane?
‘not guilty by reason of insanity’
What is the sentencing of insanity?
Since the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 D’s can be given a sentence ranging from an indefinite hospital order for murder to supervision orders and discharges
Who is the burden of proof on and what they must prove it on?
the burden of proof is on the defence and they must prove it on the balance of probabilities
What offences can insanity be used for?
The defence of insanity may be used for all offences except for strict liability where no mental element is required
What are the M’Naghten rules
- The D suffered a deflect of reason
- Which was caused by a disease of the mind
- Causing the D to not know the nature and quality of his act, or did not know what he was doing was legally wrong
Rule 1: what must the D show?
that the D’s powers of reasoning or process of forming a judgement was impaired
If D is capabel of reasoninh but has failed to use those powers, then this is not a deflect of reason
Clarke
Rule 2: what kind of term is ‘disease of mind’?
This is a legal term, not a medical one
Disease can be a mental or physical one which affects the mind
Rule 2: broad meaning to the term ‘disease of the mind’?
The conditions are internal
Kemp / Sullivan / Hennessy / Burgess
Rule 3: the terms ‘nature and quality of the act’
The D would be unaware of his/her actions
- The D was in a state of unconsciousness or impaired consciousness and/or
- Where he is conscious but due to his mental condition he does not understand or know what he is doing
Rule 3: D may not know the nature and quality of the act because….
he is in an automatic state and therefore does not know what he is doing
Kemp / Sullivan / Hennessy / Burgess
Rule 3: If D is aware of what he/she is doing
It’s possible to rely on the defence if he/she did not know what he/she did was legally wrong
Windle / Johnson
