Capacity Defences: Insanity

Question 1

What is insanity

Answer 1

A claim from D that, at the time of the offence, they had a recognised medical condition which affected their mind in a way that it is not justifiable to convict them of the offence

Question 2

What are the 3 criteria set out for a successful plea of insanity

Answer 2

• D is suffering from a defect of reason
• arising from a disease of the mind
• so that he did not know the nature + quality of his act, or, he did not know what he was doing was wrong

Question 3

What is the case law for the 3 criteria that set out a successful plea for insanity

Answer 3

• M’Naghten

Question 4

Who does the burden of proof rest on

Answer 4

The defence and is on a balance of probabilities
NOT beyond reasonable doubt

Question 5

Outline ‘defect of reason’ as one of the criteria for insanity

Answer 5

• high standard to meet
• D must prove he was deprived of his power to reason
  (R v Clarke)

Question 6

Outline ‘ Disease of the mind’ as one of the criteria for insanity

Answer 6

• the definition for this is a legal one confirmed in (R v Sullivan) and not a medical one
• relates to a disease affecting the mental faculties of reason, memory and uderstanding

Question 7

Outline ‘nature and quality’ as one of the criteria for insanity

Answer 7

• relates to the defendants ability to recognise what he was physically doing and the PHYSICAL consequences of it
• R v Oye

Question 8

Outline ‘wrong’ as one of the criteria for insanity

Answer 8

• where D knows the nature and quality of the act but does not know what they are doing is wrong
• meaning legally wrong, not morally wrong
• R v Windle

Question 9

What are the drawbacks to using the defence of insanity

Answer 9

• stigma of being determine ‘insane’
• based on old law