Capacity defence- INSANITY.

Question 1

THE RULES ON INSANITY ARE BASED ON THE CASE OF M’NAGHTEN. WHERE D WANTS TO RELY ON THE DEFENCE, THREE ELEMENTS HAVE TO BE PROVED BY D ON A BALANCE OF PROBABILITIES…

Answer 1

• That at the time of committing the act D had a defect of reason; and
• This defence of reason was the result of a disease of the mind; and
• This defect of reason caused D not to know the nature and quality of his act or not to know what he was doing wrong.

Question 2

WHAT DOES A DEFECT OF REASON MEAN?

Answer 2

It means that D was unable to reason at the time he acted.

Question 3

CLARKE?

Answer 3

Temporary absent mindedness or confusion is not enough

Question 4

SULLIVAN?

Answer 4

D’s defect of reason must be the result of a disease of the mind, the disease can be a mental disease and this disease can be a physical disease which affects the mind.

Question 5

INTERNAL FACTOR?

Answer 5

Where D’s defect of reason was the result of an internal factor, then it is a disease of the mind.

Question 6

WINDLE?

Answer 6

D must not know the nature and quality of his act, or not know what he’s doing wrong, if he doesn’t know that what he did was legally wrong.