DEFENCES Insanity

Question 1

The elements of the defence

Answer 1

M’Naghten - set out the rules

1. D suffered from effect of reason
2. Caused by disease of the mind
3. D does not know the nature and quality of his act or does not know what he was doing was wrong

Question 2

Definition of defect of reason

Answer 2

Inability to use powers of reason - not failure to use powers or reason

Question 3

Cases and law of defect of reason

Answer 3

Clarke - being temporarily absent minded does not mean d has a defect of reason - not insanity

Lipman - no defence if intoxication caused defect of reason

Question 4

Cases and law of disease of the mind

Answer 4

Internal factors = insanity

Sullivan - legal and medical definition of disease of the mind are very different

Burgess - sleepwalking is caused by internal factor so is a disease of the mind

Kemp - disease of mind could be temporary

Bratty - any mental disorder that could lead to violence that was likely to reoccur is a disease of the mind

Question 5

What are the three things that d needs to prove one of in d does not know the nature and quality of his act or does not know what he was doing was wrong

Answer 5

• he did not know what he was doing
• he did not appreciate the consequence of his act
• he did not appreciate the circumstances in which he was acting