insanity Flashcards
what is insanity & automatism?
D proves the body acted without any control by the mind this includes insane automatism (insanity) & sane automatism (automatism).
insanity breakdown
up to defence to prove your insanity
verdict is “not guilty by reason of insanity”
sentence PRE 1991- mental hospital
unsuitable for…
people with epilepsy, diabetes, hardening of arteries etc.
sentences
hospital order-with or without restrictions on release
supervision order
absolute discharge
not usually a defence for murder
diminished responsibility became available for murder in 1957 so insanity is now rarely used.
not available for strict liability offences
only available if mens rea is required so strict liability offences cannot put forward this offence as you are guilty as soon as you commit the act.
mcnaughten rules
“every man is presumed to be sane”
“D must be labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality the act he was doing, or if he did he didn’t know what he was doing was wrong”
defect of reason
legal definition not medical, power of reasoning must be impaired.
r v Clarke (dof)
stole from supermarket, didn’t realise she put items in her bag.cant be moments of confusion or absent mindedness
r v sullian (dof)
epileptic, during a fit he hurt an old man. doesn’t matter if defect is permanent or temporary but it must be present at the time of the act.
disease of the mind
legal term not medical
means a malfunctioning of the mind
can be due to mental of physical reason.
r v kemp (dom)
hardening of arteries blocked blood supply to brain, attacked wife with a hammer. defect of reasoning.
r v sullivan (dom)
source of the disease irrelevant, if it affects the mind. epilepsy.
r v Hennessy
diabetic disease was affecting the mind. didn’t take insulin for 3 days. insanity was right defence
r v burgess
sleep walking can be disease of mind if sleep disorder, attacked girlfriend. if due to external cause then automatism.
