Insanity Flashcards
The defence of
insanity may apply, a mental capacity defence
the rules of insanity are based on the
M’Naghten Rules 1843, which sets out 3 elements that need to be satisfied.
The burden of proving insanity is on the
defence, who must prove it on the balance of probabilities.
Firstly,
the defendant must have a defect of reason, which means deprived of the powers of reasoning, and is more than absent mindedness or confusion, set out in Clarke, it can be permanent or temporary, as in Sullivan.
Here D…which means a defect of reason as
he was deprived of the powers of reasoning.
Secondly,
the defect of reason must be due to a disease of the mind This is a legal test, not a medical one, and can be an internal mental disease or physical disease which affects the mind.
Examples are being
delusional/paranoid - M’Naghten hardening of the arteries - Kemp, epilepsy - Sullivan, diabetes - Hennessy and sleepwalking(sleep disorder) - Burgess.
Being diabetic, but not eating properly, is an
external cause and is automatism not insanity, as in Quick.
The presence of intoxication through alcohol or drugs is an
external factor and is not a disease of the mind.
Here D was…/was…
which is a disease of the mind as an… disease which affects the mind
Thirdly,
the defendant must not know the nature and quality of their act, which means he does not understand or know what he is doing, OR must not know that their act is wrong in law, which means he does not know it is against the law, set out in Oye and in Windle.
Here D did not know the nature and quality of his act
when he… as he did not seem to understand or know what he was doing AND he did not know that his act was wrong in in law because
Where the defendant proves insanity,
the special verdict of not guilty by reason of insanity is given. The judge can impose a (mental) hospital order, a supervision order and treatment order or an absolute discharge.
To conclude,
all 3 M’Naghten rules are satisfied, so D will be found not guilty by reason of insanity.
