Insanity

Question 1

what is insanity?

Answer 1

(M’Naughten)

1. d suffered from defect of reason
2. caused by disease of the mind
3. does not know nature and quality of his act or does not know that what he was doing was wrong

Question 2

what is the first step of insanity?

Answer 2

defect of reason

-inability to use powers of reason-not failure

• not confused or absent minded
  
  • (Clarke)-temporary absent mindedness doesn’t mean defect of reason
• if intoxicated and this caused defect then no defence
  
  • (Lipman)
  • alcoholism could succeed

-defect must be at time of offence

Question 3

what is the second step of insanity?

Answer 3

disease of the mind

• legal term not medical term
  
  • (Sullivan)-legal and medical definition are very different
  • (Burgess)-sleepwalking

-must be physical disease

• can be temporary or permanent
  
  • (Kemp)
• must be likely to reoccur
  
  • (Bratty)-mental disorder

Question 4

what is the third step of insanity?

Answer 4

d does not know the nature and quality of his act or does not know that what he was doing was wrong

1. does not know nature and quality of his act-needs to prove one of:
   
   • did not know what he was doing l
   • did not appreciate consequences of his act
   • did not appreciate circumstance in which he was acting
2. d does not know what he was doing was wrong
   - (Windle)

Question 5

what is the consequence of insanity?

Answer 5

special verdict of “not guilty by reason of insanity”

• (Criminal Procedure (Insanity and Unfitness to Plead) Act 1991)
  
  • if murder must make indefinite hospital order
  • for any other offence:
    
    • hospital order
    • guardianship order
    • supervision and treatment order
    • order for absolute discharge