Insanity

Question 1

what kind of defense is this?

Answer 1

mental capacity defense

Question 2

what is the verdict for insanity?

Answer 2

‘Not guilty by reason of insanity

Question 3

is insanity a defense to all offenses?

Answer 3

it was thought that it is was a defense to all offences, but in DPP v H held that insanity is not a defense to strict liability offences where no mental element is required.

Question 4

the rules on insanity are based on what case?

Answer 4

M’Naghten (1843)

Question 5

what are the 3 elements established in the M’Naghten case?

Answer 5

1) a defect of reason
2) which must be a result of a disease of the mind
3) causing the D not to know the nature or quality of their act or not to know they were doing wrong

Question 6

define insanity

Answer 6

a full defense to a criminal offence requiring men’s rea.

D must be labouring under such a defect of reason, from disease of the mind as to not know the nature and quality of the act they were doing or that they didn’t know it was wrong

Question 7

what is 1) defect of reasoning?

Answer 7

this means that the D’s power of reasoning must be impaired.

Question 8

1) what does the case R v Clarke show?

Answer 8

if D is capable of reasoning but has failed to use those powers, not a defect of reasoning
must be more than absent-mindedness, confusion

Question 9

what is 2) disease of the mind?

Answer 9

defect of reason must be due to a disease of the mind. legal term, not a medical one

Question 10

2) R v Kemp

Answer 10

disease can be mental or physical that affects the mind.

suffering from hardening arteries, caused him to temporary loss of consciousness, attacked wife with hammer

Question 11

2) R v Sullivan

Answer 11

the courts were asked to decide whether epilepsy came within rules of insanity.
ruled that source of disease was irrelevant, provided that it exists within the time of the act and it effects the mind.

Question 12

2) Diabetes and disease of the mind?

Answer 12

R v Hennessy - high blood sugar levels from diabetes was classed as insanity because the levels affect the mind.

Question 13

2) R v Burgess

Answer 13

decided that in some instances, sleepwalking can be insanity. However if due to external factors then it’s not.

Question 14

R v Quick

Answer 14

external factor of taking insulin.

where disease of the mind is caused by external factors, it is not insanity

Question 15

R v Coley

Answer 15

where D voluntarily takes intoxicating substance which causes act, it is not insanity as its external factor.

Question 16

3) nature and quality of the act?

Answer 16

refers to the physical character of the act

Question 17

what are the 2 ways D may not know nature and quality of the act?

Answer 17

• s/he is in a state of unconsciousness or impaired consciousness
• D is conscious but due to their mental condition, they do not understand or know what they are doing

Question 18

case where D did not know the nature/quality of the act?

Answer 18

R v Oye (threw crockery at police, believed they were agents of evil spirits so did not know his actions are wrong)

Question 19

D knows the nature/quality of the act is legally wrong

Answer 19

cannot plead insanity.

R v Johnson (2007) (knew they were legally wrong) followed the decision in R v Windle (1952)

Question 20

criminal procedure (insanity and unfitness to plead) act 1991 = extended the options for judges special verdict.

Answer 20

judge can impose:

• hospital order
• guardianship order
• supervision and treatment order
• an absolute discharge