Capacity Defences - Insanity

Question 1

M’Naughten (1843) - important

Answer 1

The element of the insanity defence are

• A defect of Reason
• Resulting from a disease of the mind
• Which caused D to not klnow the nature and quality of their act

Question 2

R v Clarke (1972) - important

Answer 2

For insanity, ‘defect of reason’ means more than just absent-mindedness or confusion

Question 3

R v Sullivan (1984) - important

Answer 3

Insanity can include problems in the mind caused by physical problems, eg epilepsy

Question 4

R v Keal (2022) - important

Answer 4

If D knows what they are doing is legally wrong or ‘wrong by the standards of ordinary reasonable people’, they do not have a defence of insanity

Question 5

R v Oye (2013) - important

Answer 5

An example of not knowing the nature and quality of the act is lashing out repeatedly at police officers because D believed they were agents of the devil.

Question 6

R v Windle (1952) - important

Answer 6

If D shows they knew their act was legally wrong, (e.g. by saying “i suppose they will hang me for this”) the defence of insanity is not available.

Question 7

R v Kemp (1956)

Answer 7

Insanity can include problems in the mind caused by physical problems, eg hardening of arteries affecting the blood supply to the brain.

Question 8

R v Hennessy (1989)

Answer 8

Insanity can include problems in the mind caused by physical problems

Question 9

R v Burgess (1991)

Answer 9

Insanity is available as a defence in situations of sleepwalking

Question 10

R Johnson (2007)

Answer 10

If D shows they knew their act was legally wrong, the defence of insanity is not available.