General Defences - Insanity P1 Flashcards
What are the two ways in which the defence of insanity can arise
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
Which case set out the 4 stage for insanity to be successful
M’Naughten’s case
What are the 4 stages to Insanity
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
What is meant by ‘There must be a defect of reason’ for the first stage of Insanity
Means that the powers of reasoning must be impaired, not merely confusion or absentmindedness
Which case showed that there must be more than confusion or absent mindedness
Clarke
What is meant by ‘Arising from a disease of the mind’ as the second stage of Insanity
Legal question
Any disease which produces a malfunctioning of the mind and need not be a disease of the brain
Which diseases are included in stage two of Insanity
Arteriosclerosis
Epilepsy
Diabetic
Sleepwalking
Which case showed arteriosclerosis as a disease of the mind
Kemp
Which case showed that epilespy could amount to insanity but didnt in this case
Bratty v A-G for NI
What did the case of Sullivan show for stage two of Insanity
Epilepsy was classed as a disease if the mind - his mental facalties were impaired
Which type of diabetes is classed as insanity and which is classed as automotisim
Hyperglycaemia - internal = insanity
Hypoglycaemia - external = automatism
Which case showed hyperglycaemia diabetes as a disease of the mind so would satisfy insanity
Hennessy
Which case showed hypoglycaemia diabetes is not a disease of the mind so will not satisfy insanity
Quick
Which case showed that sleep walking is classed as a disease of the mind
Burgess
Which case shows involuntary intoxication is not insanity
Coley
What is stage 3 of insanity
Disease of the mind which causes D not to know the nature or quality of his act
What is meant by stage three of insanity
D must not be aware of this physical nature and quality of his act
Where D blacks out and does not know the nature of his act or quality (or that he is even doing an act)
Which case failed stage insanity but shows stage three of insanity as D did not know the nature of his act
Lipman
What is the 4th stage of insanity
Or that his act is wrong
What is meant by the 4th stage of insanity (or that his act is wrong)
D must know that his act is legally wrong, morally wrong does not matter
Which case showed that D knew his acts were illegal as he said ‘I suppose I will be hanged for this’
Windle
Which case showed that despite Ds schizophrenia, D still knew what he was doing and that his act was illegal
Johnson
What kind og verdict does someone recieved if they are successful with the defence of insanity
Special verdict - ‘not guilty by reason of insanity’
Can recieved a hospital order, supervision order or absulte discharge
