General Defences - Insanity

Question 1

What are the two ways in which the defence of insanity can arise

Answer 1

Where D is unfit to plead because he cannot understand the charge, cannot instruct counsel or cannot understand the evidence
D was legally insane at the time of the offence

Question 2

Which case set out the 4 stage for insanity to be successful

Answer 2

M’Naughten’s case

Question 3

What are the 4 stages to Insanity

Answer 3

There must be a defect of reason
Arising from a disease of the mind
Which causes D to not know the nature or quality of his act
Or that his act is wrong

Question 4

What is meant by ‘There must be a defect of reason’ for the first stage of Insanity

Answer 4

Means that the powers of reasoning must be impaired, not merely confusion or absentmindedness

Question 5

Which case showed that there must be more than confusion or absent mindedness

Answer 5

Clarke

Question 6

What is meant by ‘Arising from a disease of the mind’ as the second stage of Insanity

Answer 6

Legal question
Any disease which produces a malfunctioning of the mind and need not be a disease of the brain

Question 7

Which diseases are included in stage two of Insanity

Answer 7

Arteriosclerosis
Epilepsy
Diabetic
Sleepwalking