Insanity

Question 1

M’Naghten rules

Answer 1

Defendant must be suffering from
A defect of reason
Which must be the result of a disease of the mind
Which caused defendant to not know the nature and quality of his or her act, or to not know they were doing wrong

Question 2

Burden of proof for insanity

Answer 2

On defence and must be proved on the balance of probabilities

Question 3

Case to say insanity is not a defence to strict liability

Answer 3

DPP v H

Question 4

Case to say if the defendant is capable of reasoning but failed to use these powers this is not defect of reason

Answer 4

Clarke

Question 5

Case to say a physical illness can affect the mind

Answer 5

Kemp

Question 6

Case to say cause of insanity can be organic, functional, permanent, transient or intermittent as long as it exists at the time of the act

Answer 6

Sullivan

Question 7

Case to say high sugar levels due to diabetes can be insanity

Answer 7

Hennessy

Question 8

Case to say sleep walking can come within definition of insanity

Answer 8

Burgess

Question 9

Case to say a diabetic who has taken insulin without food cannot be considered insane (external factor)

Answer 9

Quick

Question 10

Case to say voluntary intoxication that causes a psychotic episode cannot use insanity (external factor)

Answer 10

Coley

Question 11

Case to demonstrate not knowing the nature / quality of an act

Answer 11

Seun Oye

Question 12

Case to show if you are aware the act is legally wrong you cannot use the defence of insanity

Answer 12

Windle - “I suppose they will hang me for this”
Johnson - believed act to be morally wrong but not legally

Question 13

What can the judge impose for ngri

Answer 13

Hospital order, supervision order, an absolute discharge - not regular prison
If the defendant is charged with murder and there is a finding of insanity, the judge must impose an indefinite hospital order