General defences: Insanity & Automatism

Question 1

Who does the burden of proof lie on to prove insanity?

Answer 1

The Defendant

Question 2

What is the standard of proof for the defence of insanity?

Answer 2

On the balance of probabilities

Question 3

If insanity is used successfully what is the special verdict given?

Answer 3

Not guilty by reason of insanity

Question 4

What are the consequences of this special verdict?

Answer 4

Supervision/treatment order
Guardianship order
Absolute discharge
Hospital order

Question 5

Which case created the 4 rules for insanity?

Answer 5

M’Naghten

Question 6

What is the presumption that the courts will begin with when addressing insanity?

Answer 6

There is a presumption that everyone is sane

Question 7

What are the M’Naghten rules?

Answer 7

D must show he from suffering from:
A defect of reason coming from a
Disease of the mind, so that the D either
Did not know the nature and quality of his act, OR
Did not know what he was doing was legally wrong

Question 8

In which case was ‘defect of reason’ defined in?

Answer 8

Clarke

Question 9

What did the judge define ‘defect of reason’ as?

Answer 9

Being deprived of the power of reasoning (more than absentmindedness, confusion, lack of will power)

Question 10

What did Sullivan say about D’s impairment?

Answer 10

It could be temporary and only occur at the time of the offence (in the case, epilepsy)

Question 11

What is ‘disease of the mind’ defined as?

Answer 11

A malfunctioning of the mind

Question 12

Give some examples of what would constitute a ‘disease of the mind’

Answer 12

Sleepwalking, epilepsy, schizophrenia, diabetes, OCD, bipolar, depression, severe withdrawal symptoms

Question 13

What illness was D suffering from in the case of Kemp and what does this show that insanity covers?

Answer 13

Arteriosclerosis, physical illness is covered by insanity

Question 14

Which 3 mental abilities are covered within the law’s definition of mind?

Answer 14

Reason, memory or understanding

Question 15

Why was insanity available as a defence to D in the case of Burgess?

Answer 15

Because his sleep walking was caused by a sleep disorder which is an internal problem

Question 16

What condition was D suffering from and what state was D in at the time of the offence in the case of Hennessy?

Answer 16

Diabetes and was in a hyperglycaemic state

Question 17

Why in the case of Hennessy was he able to use insanity rather than automatism?

Answer 17

Because he hadn’t been taking his insulin and therefore this was an internal cause

Question 18

Give 2 circumstances where D would not know the nature and quality of his act?

Answer 18

1) Unconscious or impaired consciousness so is not aware of what he is doing
2) Conscious but due to condition does not understand what he is doing

Question 19

Which case demonstrates where D is conscious but does not understand what he is doing?

Answer 19

Codere - where D cut his wife’s throat thinking it was a loaf of bread

Question 20

D must know that his act is legally wrong, which 2 cases demonstrate where D knew what he was doing was legally wrong?

Answer 20

Windle and Johnson