insanity

Question 1

what is insanity

Answer 1

a mental capacity defence

Question 2

what are the rules of insanity based on

Answer 2

M’Naghten Rules 1843 which sets out 3 elements that need to be satisfied

Question 3

who is the burden of proof on?

Answer 3

is on the defence who must prove it on the balance of probabilities

Question 4

Firstly the defendant must have a

Answer 4

defect of reason which means deprived of the powers reasoning and is more than absent mindedness or confusion Clarke it can be permanent or temporary as in Sullivan

Question 5

secondly

Answer 5

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 delusional/paranoid M’naghten hardening of the arteries Kemp epilepsy Sullivan, diabetes Hennessy and sleepwalking sleep disorder Burgess

Question 6

being diabetic but not eating properly is

Answer 6

an external cuase and is automatism not insanity as in Quick The presence of intoxication through alcohol or drugs is an external factor and is not disease of the mind

Question 7

thirdly

Answer 7

the defendant must not know the nature and quality of their act which means he does not understand or know the 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

Question 8

what happens when the defendant proves insanity

Answer 8

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