insanity

Question 1

who gave rules for insanity

Answer 1

rules come from M’Naghten case

insanity defined as D didn’t have mental capacity to form MR

Question 2

rules from M’Naghten case

Answer 2

1. defect of reason (so suggests your powers of mental reasoning aren’t right)
2. caused by disease of mind
3. D did not know nature and quality of their act OR if he did know what he was doing, he didn’t know it was wrong

Question 3

Clark (defect of reason)

Answer 3

absentmindedness or confusion is not sufficient

Question 4

caused by disease of mind (the legal term, not medical term) cases

Answer 4

• sullivan- The disease can be a mental or physical one which affects the mind and can be permanent or temporary e.g. epilepsy
• Kemp- hardening of arteries
• Hennessey- diabetes where insulin had not been taken

Question 5

D did not know the nature and quality of his act OR if he did know, he did not know what he was doing was wrong case

Answer 5

Windle- not able to use defence as he stated ‘ i suppose they will hang me for this’, wrong means legally wrong not morally wrong

Question 6

if they can use defence of insanity what is the verdict

Answer 6

and so would receive the special verdict, not guilty by verdict of insanity