Insanity

Question 1

what is Insanity

Answer 1

labouring under such a defect of reason from the disease of the mind as to know know the nature/quality of acts

INTERNAL CAUSES ONLY

Question 2

what are the rules of insanity, where are they found?

Answer 2

M’NAUGHTEN RULES

1. defect of reason
2. disease of the mind
3. don’t know nature/quality of act

Question 3

1. Defect of Reason

Answer 3

powers of reasoning are impaired

this is not just confusion

R v Clarke

Question 4

R v Clarke

Answer 4

no recollection of placing items in bag

confusion not enough, powers of reasoning must be impaired

Question 5

2. Disease of the Mind

Answer 5

physical or mental / R v Kemp

Diabetes can be / R v Hennessy HYPERGLYCAEMIC

Sleepwalking can be // R v Burgess

Epilepsy // R v Sullivan

NO EXTERNAL FACTORS
NO VOL INTOX // R v Coley

Question 6

R v Kemp

Answer 6

Disease of the mind can be a physical or mental issue

Question 7

R v Hennessy

Answer 7

Diabetes is classed as a disease of the mind as long as it is a INTERNAL CAUSE therefore a HYPERGLYCAEMIC COMA

Question 8

R v Burgess

Answer 8

sleepwalking is a disease of the mind if a INTERNAL CAUSE

Question 9

when can something not be used under insanity

Answer 9

disease of the mind has External causes/factors

there was voluntary intoxication (reckless conduct) R v Coley

Question 10

3. Nature/Quality of Act

Answer 10

must be in a state of unconsciousness/impaired consciousness
OR
conscious but medical condition prevents understanding

DIDNT KNOW IT WAS LEGALLY WRONG - Windle

Question 11

Windle

Answer 11

“I suppose they’ll hang me for this”

suggesting he did know nature/quality of his actions

Question 12

what is the special verdict given for insanity

Answer 12

1) hospital order
2) supervision order
3) absolute discharge

the burden of proof is on D - on the balance of possibilities rather than beyond all reasonable doubt

Judge decision if allowed to be used