Defence - Insanity

Question 1

What are the M’Naghten rules for an insanity plea?

Answer 1

(1) defect of reasoning
(2) arising from disease of the mind
(3) that
(A) D did not know the nature and quality of his act or
(B) D did not know what he was doing was wrong

Question 2

What is the requirement of a defect of reasoning requirement under Clarke [1972]?

Answer 2

Requires inability to exercise reason rather than a failure to do so at the time

Question 3

Which case said that for the purpose of requirement of disease of mind, mind is wider than brain and includes reason, memory or understanding?

Answer 3

Kemp (1957)

Question 4

Which case established that a disease of mind does not have to be permanent, it just has to exist at the time of the offence? (Case about epilepsy)

Answer 4

Sullivan [1984]

Question 5

In which case was it held that a disease of the mind cannot be induced by an external factor such as the consumption of cannabis?

Answer 5

R v Coley [2013]

Question 6

Which case established that a diabetic D who suffers a hypoglycaemic attack (low blood sugar) from taking insulin but failing to eat is an external cause so not disease of the mind?

Answer 6

Quick [1973]

Question 7

Which case established that a diabetic D who suffers from hyperglycaemic attack (high blood sugar) from failure to take insulin is an internal cause for disease of the mind?

Answer 7

Hennessy (1989)

Question 8

When D does not know the nature and quality of his act must the mistake be fundamental?

Answer 8

Yes

Question 9

Which case established that wrong, under the requirement that D did not know his actions were wrong, means contrary to law? How did D demonstrate that knew actions were wrong in this case?

Answer 9

R v Windle [1952]

Commented that likely to hang for his actions when arrested.