Insanity Flashcards
What is the test for insanity and from which case does it originate?
M’Naghten.
1) The d. was suffering from a defect of reason;
2) Caused by a disease of the mind;
3) Impaired d’s understanding of the nature and quality of his act or that it was legally wrong.
What does R v. Clarke demonstrate?
D. had powers of reasoning, they just failed to use them in this scenario.
What was the definition of disease of the mind in Bratty v. Attorney General for NI?
Lord Denning, ‘any mental disorder that manifests as violence that is prone to reoccur’.
What did R v. Hennessey decide?
Hyperglycaemics are insane.
Hypoglycaemics are automatons.
What did R v. Burgess decide?
Sleepwalkers are insane.
What was the condition said to make a person insane in R v. Kemp?
Arteriosclerosis - hardening of the arteries.
What happened in R v. Windle?
The d. was quoted saying ‘I suppose they will hang me for this’.
What is the burden and standard in insanity?
Burden on the defence to prove, on a balance of probabilities, that the D. is insane.
What is the result of the defence?
For murder, under the Criminal Procedure Act 1996, the d. will be indefinitely detained in a hospital. For other offences, the judge will be able to issue a hospital or supervision order, or a discharge.
What have hyperglycaemics forgotten to do?
Forgotten to take insulin. Insulin reduced blood sugar levels.
