Insanity Flashcards
- The Defence of Insanity…
The Defence of Insanity may apply, a Mental Capacity Defence.
- The Rules on insanity are based on the…
The Rules on 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…
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…
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, (Clarke). It can be permanent or temporary, as in (Sullivan).
- Secondly, the defect of reason must be due to a…
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 Delusion/Paranoia – 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…
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.
- Thirdly, the defendant must not know the nature and quality…
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.
- Where the defendant proves insanity, the special verdict of…
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 and treatment order or an absolute discharge.
- To Conclude,
To Conclude, all 3 M’Naghten Rules are satisfied, so D will be found not guilty by Reason of Insanity.
