Defence - Insanity Flashcards
What happens if someone is found to be insane at the time of an offence.
Insanity is a COMPLETE defence meaning they do not hold liability
What 3 things can the courts impose on an individual found NGRI?
1) Hospital Order
(sent to mental hospital where they are treated for their various mental health conditions rather than prison) - most serious offences
2) Supervision Order
(individual will be supervised)
3) Absolute Discharge
(completely free, can just continue with their normal life as if nothing happened)
What case laid down all the elements of insanity?
R vs M’Naghten
M’Naghten tried to assassinate Sir Robert Peel, the then British Prime Minister. Instead, he shot Peel’s secretary, who died a few days later.
What is the first element of insanity with case example?
The first element is a Defect of Reason
This means the D is literally unable to reason (not refusing to reason but simply cannot)
R v Clarke (1972)
The court held that absent-mindedness or confusion did not equate to insanity
What is the second element of insanity?
The second element of insanity is that their behaviour is directly because of a disease of the mind (mental illness not physical)
The disease must be INTERNAL (legal term) which means it is naturally occuring
Name three things that would qualify as a ‘disease of the mind’ with examples
Diabetes (R vs Quick)
Sleepwalking (R vs Burgess)
Epilepsy (R v Sullivan)
What is the third element of insanity (a and b)
a) D did not know the nature and quality of his act (such as unconsciousness) #
R vs Burgess
OR
b) D lacked knowledge that the act was wrong
R vs Windle
(suffered from mental health condition but said after killing his wife that they will hang him for it, meaning he knew it was wrong)
