Defences: Insanity Flashcards
What type of defence is insanity?
General defence.
What crimes can the defence of insanity be used for?
All except strict liability.
Who is the burden of proof on?
The defendant.
What does D have to prove?
That they were insane.
What Act is sentencing for the defence of insanity found in?
The Criminal Procedure Act 1991.
What is the sentence if D uses insanity as a defence for murder?
He will go indefinitely to a mental institution.
What are the sentences if D uses insanity as a defence for any crime besides murder?
- Abolute discharge.
- Supervision order.
- Treatment order.
What case sets out the elements of the defence of insanity?
M’Naghten.
What is element one?
Everyone is presumed sane.
What is element two?
D must have a defect of reason.
What case defines defect of reason?
R v Clarke.
What is the definition of defect of reason?
A complete loss of the power of reasoning.
What does defect of reason not include?
Being forgetful.
What is element three?
The defect must come from a disease of the mind.
What was held in R v Kemp?
The disease of the mind does not have to be a permanent condition.
What was held in R v Sullivan?
Epilepsy is a disease of the mind.
What was held in R v Burgess?
Sleepwalking is a disease of the mind.
What is element four?
- D doesn’t know the nature/quality of their act.
- If D knows the nature/quality of their act, they don’t know it’s wrong.
What case defines wrong?
R v Windle.
What is the definition of wrong?
Legally wrong.
