General Defence-Insanity p1 Flashcards
Who has the burden of proof?
Prosecution has the burden of proof in crim law
What type of defence is the use of insanity?
A Capacity Defence
What is a capacity defence?
Where D argues they are incapable of forming the MR of the crime committed
What are the two ways the capacity defence may arise in a crim case?
-Where D IS UNFIT TO PLEAD as he cant understand the charge, cannot instruct counsel or cannot understand the evidence
-D was LEGALLY INSANSE at the time of the alleged offence
The legal defintion of insanity is provided by what?
M’Naughten Rules (1843)
What is the FIRST element D must prove under the M’Naughten Rules (1843)?
Defect of reason
What is the SECOND element D must prove under the M’Naughten Rules (1843)?
Arising from ‘Disease of the mind’
What is the FINAL element D must prove under the M’Naughten Rules (1843)?
Which causes D to not know the nature or quality of his act
OR!
Not knowing that his act is ‘wrong’
What is mean by A defect of reason?
The disease of mind must impair D’s power of reasoning
D must not have the ability to form the powers of reasoning
What cases are used with a defect of reason?
(R v Clarke) - Absentmindedness& confusion are insufficient
(R v Sulivan) - Defect of reasoning can be temporary
What definition is Disease of mind ?
A legal NOT MEDICAL!
What cases can be used to discuss Disease of the mind?
(KEMP)- it covers mental and physical conditions that affect the brain
(R v COLEY)- The disease of the mind must be an internal factor rather than an external one
What type of diabetes can be considered as a disease of the mind?
ONLY HYPERGLYCEMIA CAN BE CONSIDERED! as hypoglycemia is caused by an external factor (Hennessy)
What is meant by D does not know the nature of their act?
D must not be aware of the nature of their actions
What are the two ways in which D may not know the nature or quality of their act?
1) Being in a state of unconsciousness or impaired consciousness (blacked out) (KEMP)
2) If they are conscious but do not understand what they are doing (OYE)
What is mean by the final element of M’naughten rules (1834): ‘OR what they were doing was legally wrong?
Where D understands the nature of their conduct, they may argue insanity if they are unable to understand what they did was ‘legally wrong’
If D knows what they are doing is legally wrong but don’t believe morally wrong- insanity claim will fail
