Capacity Defences - Insanity (done) Flashcards
What type of law does the defence of Insanity come from?
Common law
What case establishes the criteria for establishing a defence of insanity?
M’Naghten Rules established in 1843
What are the 3 elements of the M’Naghten rules?
1) D must suffering from a defect of reason
2) The defect of reason must be due to a disease of the mind which is either mental or physical
3) D must not know the nature and quality of the act or not know that it was wrong
Define the element of a defect of reason
A defect of reason was established by the courts as a complete loss of the power of reasoning. In Clarke 1972 the courts said this must be more than absentmindedness or confusion. It must be an inability to use powers of reasoning rather than failing to use their powers.
Define the element of caused by a disease of the mind
The defect of reason must be due to a mental or physical disease e.g Kemp (1956).
What did the case of Sullivan (1983) establish?
It confirmed the meaning of insanity in law is not the same as the medical meaning of insanity. As long as the disease affects the mind then it does not matter the disease.
What are some examples of diseases that can affect the mind (3)
1) Schizophrenia
2) Paranoia
3) Diabetes
Is insanity caused by external or internal factors?
Internal
Define the 3rd element of the M’Naghten rules
D may not know the nature and quality of the act because they were totally unaware of what they were doing (Kemp & Hennessy)
What happens if D does know the nature and quality of the act?
They may still be able to plead insanity if they can prove that they did not know what they were doing was wrong.
What does ‘wrong’ mean in the 3rd element of the M’Naghten rules?
Wrong in the sense of legally wrong (Windle 1952)
What case illustrates 3rd element of the M’Nagten rules as a whole?
R v Oye 2013
What are the sentencing options if D is successful in pleading insanity? (5)
1) Hospital order
2) Supervision order
3) Absolute discharge
4) Treatment orders
5) Secure hospitals
What is a supervision order?
E.g being supervised by a probation officer
What is an absolute discharge?
D is found guilty but there is no punishment imposed
Can intoxication be used to claim a defence of insanity if the intoxication causes a psychotic episode?
No because the substance would be considered an external factor and insanity requires an internal factor
Who can raise the defence of insanity? (3)
1) Defence
2) Prosecution
3) Judge
