Insanity Flashcards
what is insanity?
D acted under an automatic state due to internal causes
what is insanity governed by?
M’Naughten - D attempted to kill the the PM but was suffering from insane delusions.
what are the 3 elements of insanity?
- defect of reason
- disease of the mind
- nature and quality
what does ‘defect of reason’ mean?
D must be impaired of their powers of reasoning
forgetfulness or absentmindedness is not a defect of reason.
what case example can be used for ‘defect of reason’?
Clarke - D charged with theft, because she forgot to pay for her shopping. No defence as forgetfulness is not a defect of reason.
what is ‘disease of the mind’?
must affect memory, reasoning and understanding
what are examples of ‘disease of the mind’?
sleepwalking, epliepsy
what case examples can be used for ‘disease of the mind’? i’m
Burgess - D committed GBH while sleepwalking. defence claimed.
Sullivan - D had a seizure and kicked V. charged with a battery. defence claimed.
what is the continuing danger theory?
if the defendant poses a continuous threat to the public, an intervention will take place
what is the external cause theory?
the overlap between automatism and insanity
what does ‘nature and quality’ mean?
D must not know the nature and quality of their actions due to the condition. They must not know it was legally wrong.
what case example can be used for ‘nature and quality’?
Windle - D killed his wife. No defence claimed as he said ‘I suppose they’ll hang me for this’ so understood the N&Q of his actions.
what is the outcome of the insanity defence?
‘not guilty by reason of insanity’
