Insanity

Question 1

Definitions

Answer 1

Defendant must labor under such defect of reason from disease of the mind as to not know nature and quality of the act Or if he did know it he did not know what he was doing was wrong

Question 2

M’Naughten Rules

Answer 2

Used to decide whether a person should escape criminal liability on grounds of being insane

Question 3

1.Defect of reason

Answer 3

Ds powers of reasoning must be impaired,must be more than absent mindedness or confusion Clarke

Question 4

2.Disease of mind

Answer 4

Defect of reason must be due to disease of the mind
Can be Internal mental or physical disease which effects the mind kemp
External factor is not insanity Quick

Question 5

3.Not know the nature of the act

Answer 5

D manly not know nature and quality of the act because he is in a state of unconsciousness Or is consciousness but does not understand what he is doing due to mental condition or not understand his actions are legally wrong .

Legally wrong Durant not mean morally wrong Windle

Question 6

Verdict

Answer 6

If insanity is successfully proven jury must return with verdict of not guilty by reason of insanity
If changed with murder judge must impose indefinite hospital order s24 1 3 Domestic violence crime and victims act 2004

Other offenses s5 criminal procedure act 3 options:
Hospital order
Supervision order
Absolute discharge