Defenses: Insanity

Question 1

Excuse Defense

Answer 1

Society disapproves of the offence but doesn’t think it is right to punish the defendant.

Question 2

Definition of Insanity:

Answer 2

D is laboring under such a:

• defect of reason,
• arising from a defect of mind,
• that he was unaware of the nature of his act,
• if he did know, he did not know it was wrong.

M’Naughten Rules [1843]

Question 3

Defect of Reason:

Answer 3

Requires inability to exercise reason rather than a simple failure to do something at the time.

R v Clarke [1972]

Question 4

Disease of the Mind:

Answer 4

Nature of the disease irrelevant as long as it affected the mental faculties of:

• Reason
• Memory
• Understanding
  at the time of the offence.

R v Sullivan [1984]

Question 5

Nature and Quality of Act

Answer 5

Lack of awareness regarding characteristics of act.
Quality means consequences.
Refers to the physical qualities of an act.

Codere [1916]

Question 6

Knowledge that the act was wrong:

Answer 6

‘Wrong’ in the context of insanity means “contrary to law”. Morality and societal opinions are irrelevant.

R v Windle [1952]

Question 7

Role of Jury:

Answer 7

Ultimate question regarding the defendant’s insanity is for the Jury to decide.

Question 8

Role of Medical Practitioner:

Answer 8

Verdict of ‘not guilty by reason of insanity’ requires written/ oral evidence of two or more medical practitioners.

Criminal Procedure (Insanity and unfitness to plead) Act 1991

Question 9

What used to happen when defendant successfully pleaded insanity?

Answer 9

Mandatory hospital order.

Question 10

What acts amended the mandatory hospital order sentence?

Answer 10

Criminal Procedure (Insanity and unfitness to plead) Act 1991

Domestic Violence, Crime and Victims Act 2004

Question 11

What now happens when a defendant successfully pleads insanity?

Answer 11

Either:

• Hospital order
• Supervision order
• Absolute discharge.

Question 12

Role of Prosecution:

Answer 12

Entitled to raise defense of insanity as it is their duty not allow dangerous persons to be at large.

Bratty v A-G Ref for Northern Ireland [1963]

Question 13

Insanity is an Internal factor, what are some other Internal factors?

Answer 13

• Epilepsy, Sullivan [1983]
• Sleepwalking, Burgess [1991]
• Diabetes, Henessey [1989]

Question 14

Problems regarding the defense of insanity?

Answer 14

• Outdated, M’Naughten rules were in 1843
• Primarily a legal definition for a medical matter
• Societal stigma of sentence

Question 15

2 main reforms defense of Insanity?

Answer 15

• The Law Commission’s Criminal Code Bill 1989

- Law Commission, Insanity and Automatism: A Scoping Paper (2012)

Question 16

What did The Law Commission’s Criminal Code Bill 1989 suggest/do?

Answer 16

• Changed terminology

- Reconciles tensions

Question 17

What reforms did the Law Commission, Insanity and Automatism: A Scoping Paper (2012) suggest?

Answer 17

Proposed replacing both common law defenses of insanity and automatism with statutory defenses.

D must provide evidence that they lacked the ability to:

1. Make a rational judgement
2. Understand they were doing something wrong
3. To control his/her actions