Defences - Insanity Flashcards
What is the general defence available to all crimes?
The defence of insanity
Under s.2 of the Trial of Lunatics Act 1883, a special verdict of ‘not guilty by reason of insanity’ is given.
What was the consequence of being found insane under the Trial of Lunatics Act 1883?
Automatic admittance to secure accommodation
Release was only possible on authority of the Home Secretary, often leading to lifetime institutionalisation.
In what cases does mandatory detention apply when a defendant is found insane?
When the penalty for the offence is fixed by law, such as murder.
Who can raise the defence of insanity?
The prosecution and judge, in addition to the defence.
How has the importance of the defence of insanity changed over time?
It has declined since the abolition of the death penalty and the introduction of the defence of diminished responsibility.
What are the three points at which insanity is relevant?
- Insanity before trial
- Unfitness to plead
- Insanity at the time of the offence
What are the M’Naghten rules used to determine?
Insanity at the time of the offence.
What must be established under the M’Naghten rules for a finding of insanity?
- A defect of reason
- Caused by a disease of the mind
- The defendant did not know what he was doing or that it was wrong.
What does a defect of reason mean in the context of insanity?
The defendant must suffer from a defect of reason; mere forgetfulness or absent-mindedness is not sufficient.
What is an example case where absent-mindedness did not amount to a defect of reason?
R v Clarke [1972]
Mrs Clarke’s absent-mindedness during shopping did not constitute a defect of reason.
What must cause the defect of reason for insanity to be established?
A disease of the mind.
List some conditions that have been classified as a disease of the mind.
- Arteriosclerosis (R v Kemp 1957)
- Epilepsy (R v Sullivan 1984)
- Sleepwalking (R v Burgess 1991)
- Hyperglycaemia from diabetes (R v Hennessy 1989)
What is the impact of voluntary intoxication on the defence of insanity?
The defence of insanity cannot be used if the defendant voluntarily takes an intoxicating substance.
What was the outcome for the defendant in R v Coley (2013)?
The defence of insanity was refused, and he was convicted of attempted murder.
If a defendant knows that their act is unlawful, can they claim insanity?
No, even if they did not believe it was morally wrong.
What was the outcome in R v Windle (1952)?
The appeal was dismissed; the defendant knew his act was unlawful.
What was the significance of R v Johnson (2007)?
The defendant knew what he was doing was legally wrong despite suffering from paranoid schizophrenia.
What was notable about R v Oye (2013)?
The jury found him guilty of ABH, but the COA substituted a verdict of not guilty by reason of insanity.
What must the jury return if a defendant successfully proves insanity?
‘Not guilty by reason of insanity’.
What options for punishment were introduced by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991?
- Hospital order without time limit (mandatory for murder)
- Hospital order with time limit
- Guardianship order
- Supervision and treatment order
- Absolute discharge
What did the Royal Commission on Capital Punishment suggest in 1953 regarding insanity?
Those who suffer irresistible impulses should be covered by the defence.
What did the Law Commission’s 2012 paper address?
Insanity and automatism but did not offer definite proposals.
What issues are associated with the defence of insanity?
- Stigma attached to being labelled ‘insane’
- Jury’s lack of qualification to decide insanity
- Legal definition of insanity not aligned with medical definitions
- Requirement for defendants to prove insanity may breach Article 6 of ECHR
What is the legal definition of insanity still based on?
The M’Naghten rules from 1843.
R v Kemp
Man had an unconscious episode due to blood congestion so he didn’t remember attacking his wife with a hammer. He was charged under insanity
R v Sullivan
The defendant kicked a man as he was having an epileptic episode. He was charged with insanity
R v Burgess
The defendant hit a woman over the head with a hammer and then a camcorder while sleepwalking. He was charged with automatism
R v Hennessy
A man stole a car while off of his regular insulin dose. He was charged under insanity
R v Coley
Defendant was under the influence with cannabis when he attacked his neighbour with a knife. The judge declined the defence of insanity and charged him with attempted murder.
R v Windle
Man was convicted of murdering his wife and during his arrest he said ‘i suppose they will hang me for this’. His plea for insanity was denied.
R v Johnson
After causing wounding with intent to cause GBH, a man was diagnosed with paranoid schizophrenia and it was decided he was experiencing this at the time of the attack. He was not offered the plea of insanity because he knew that what he was doing was illegal.
R v Oye
He was behaving strangely in a cafe and when police arrived he began throwing plates at them. At trial he was charged under insanity.
R v Clarke
Woman claimed she had no idea she had placed goods into her bag. The judge ruled that the appropriate sentence was that of insanity
