Capacity Defences - Insanity Flashcards
Definition of Insanity?
Defendant must have defect of reason, from disease of the mind, as to not know the nature and quality of the act he or she was doing or if he or she knows it, that he or she did not know he or she was doing what was wrong.
What case states the rules of Insanity?
M’Naghten
Structure of Insanity?
Define
Defect of Reason
Disease of the Mind
Nature and Quality of the Act
Defect of Reason mean?
Means that D’s powers of reasoning must be impaired, if capable of reasoning and failing to do so then it is not a defect of reason
Case for Defect of Reason in Insanity?
R v Clarke
What does R v Clarke state about Defect of Reason in Insanity?
Absent-mindedness or Confusion is not insanity
Definition of the Disease of the Mind in Insanity?
Defect of reason must be due to a disease of the mind, legal term not medical. Can be physical or mental disease which affects the mind.
Cases for Disease of the mind in Insanity?
R v Kemp
R v Sullivan
R v Hennessy
R v Burgess
What does R v Kemp state about Disease of the Mind in Insanity?
Hardening of the arteries that affected his mental reasoning is sufficient
What does R v Sullivan state about Disease of the Mind in Insanity?
Insanity can include any organic or functional disease
What does R v Hennessy state about Disease of the Mind in Insanity?
Disease can be of any part of the body if it affects the mind
What does R v Burgess state about Disease of the Mind in Insanity?
Sleepwalking is insanity
Factors for D not knowing the nature and quality of the act?
State of unconsciousness or impaired unconsciousness
Mental condition they don’t understand or know what they are doing.
Cases for D not knowing the nature and quality of the act?
R v Oye
R v Windle
