1B - Insanity - Case List Flashcards
M’Naghten
Created 3 rules:
- D suffered a deflect of reason
- Which was caused by a disease of the min
- Causing the D to not know the nature and quality of his act, or did not know what he was doing was legally wrong
Clarke
Rules of insanity do not apply to people who simply have moments of confusion or absentmindedness which is NOT a ‘deflect of reason’
‘deflect of reason’ applies only to ‘persons who by a reason of a ‘disease of the mind’ are deprived of the power of reasoning’
Coley
The situation was one of voluntary intoxication and the abnormality of mind was caused by an external act
Sullivan
HOL decided the source of disease was irrelevant; could be ‘organic, as in epilepsy, or functional’ and it didnt matter whether the impairment was ‘permanent or transient and intermittent’, provided it existed at the time
Hennessey
High blood sugar levels because of diabetes is classes as insanity because the levels affect the mind
Burgess
He was suffering from a sleep disorder which is an internal cause, insanity was allowed
If it’s due to an external cause such as a blow to the head, automatism may be allowed instead
Quick
Not insanity
CoA ruled that because his condition was due to not eating after taking insulin, insanity was allowed. If it’s due to an external cause like a blow to the head, automatism may be allowed instead
Kemp
Law is concerned with the mind not the brain
Disease can be a mental or physical disease which affecrs the mind
Oye
D didn’t know what he was doing and/or that it was wrong so insanity was successful
Windle
D must not know their actions are legally wrong to have insanity available to them as a defence
Johnson
D must know the nature and quality of the act to have insanity available to them